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01-13-2015 (City Council) Agenda Packet Wylie City Council OF WY-LIE NOTICE OF MEETING Regular Meeting Agenda January 13, 2015— 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylieteaov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas% ov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation of Colors and Pledge of Allegiance-Wylie Ambassador Girl Scout Troop 623 • Presentation by the Wylie Baseball Softball Association to donate $25,000 to the City of Wylie to assist in purchasing new bleacher covers for Community Park. January 13, 2015 Wylie City Council Regular Meeting Agenda Page 2 of 5 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the December 9, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2014.. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2014.(L. Bantz, Finance Director) D. Consider, and act upon an approval of a Final Plat for Bozman Farm Estates Phase 4, establishing 55 single family residential lots and one open space lot on 15.672 acres to create Bozman Farms Phase 4, generally located east south of Stone Road near Wildflower Lane. (R. 011ie, Planning and Zoning Director) E. Consider, and act upon, Ordinance No. 2015-01, abandoning that northern portion of Right-of-Way described as a 70 ft. R.O.W. of Third Street consisting of 8,606 square feet. Generally located north of Oak Street and South of S.H. 78. (R. 011ie, Planning and Zoning Director) F. Consider, and act upon, Ordinance No. 2015-02, amending Planned Development 2006-55 (PD-2006- 55) , Section IV Specific Regulations to allow no more than 2 garage doors to face the street, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located west of F.M. 544, south of Alanis Drive. ZC 2014-11 (R. 011ie, Planning and Zoning Director) G. Consider, and act upon, Ordinance No.2015-03, amending Planned Development 2005-24 (PD-2005- 24) Braddock Place IV, Section IV Specific Regulations to allow no more than a two car garage door(s) to face the street on lots less than 12,000 s.f.; and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located south of Elm Drive and west of FM 544. ZC 2014-12 (R. 011ie, Planning and Zoning Director) H. Consider, and act upon, Ordinance No. 2015-04 of the City of Wylie, amending Ordinance No. 2014- 30 (2014-2015 Budget) and approving an appropriation of funds in the amount of $75,000.00 from the Park Acquisition and Improvement Fund for the purchase of bleachers and bleacher covers and deposit of $25,000.00 of revenues into the Park Acquisition and Improvement Fund as a donation from the Wylie Baseball Softball Association; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. (M. Sferra, Public Services Director) I. Consider and act upon rescinding the award of Bid #W2014-56-B Industrial Court Sanitary Sewer Line to Horseshoe Construction Inc. in the amount of$117,265.00. (G. Hayes, Purchasing) J. Consider and act upon the approval of Resolution No. 2015-02(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager of the City of Wylie, Texas, to enter into an Interlocal cooperative purchasing agreement between the National Joint Powers Alliance® (NJPA) and the City of Wylie for the use of the NJPA contracts. (G. Hayes, Purchasing) January 13, 2015 Wylie City Council Regular Meeting Agenda Page 3 of 5 K. Consider and act upon the approval of the purchase of roadway and bridge maintenance services from Collin County, Texas, through the use of Resolution No. 2014-23(R) dated September 9, 2014, in the estimated annual amount of $150,000; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) L. Consider and act upon the approval of the purchase of various vehicles and tire installation services from Goodyear Tire, NTB, Thomason Tire, Southern Tire Mart and Graham Truck Centers in the estimated annual amount of $52,000.00 through a cooperative purchasing contract with the Collin County Governmental Purchasing Forum bid # 2015-10-15, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) M. Consider, and act upon, Resolution No. 2015-03(R) requesting the 84th Texas State Legislature to maximize the use of revenue from the sporting goods sales tax to support local grant opportunities and state park operations; and that all Texas Recreation and Parks Account funded projects be subject to the established Texas Parks and Wildlife Department competitive scoring system. (R. Diaz, Parks and Recreation Superintendent) N. Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of November 30, 2014. (S. Satterwhite, WEDC Director) O. Consider, and act upon, Ordinance No. 2015-05 of the City of Wylie repealing Ordinance No. 2005- 76 (Clean Fleet Vehicle Policy); adopting a new Clean Fleet Policy; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Sferra, Public Services Director) P. Consider, and act upon, Ordinance No. 2015-06 of the City of Wylie, amending Ordinance No. 2014- 30 (2014-2015 Budget) and approving an appropriation of funds in the amount of $2,500 for the Municipal Court Technology Fund for the purpose of funding the additional costs associated with purchasing a new sound system for the courtroom; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (R. Arp, Budget Officer) REGULAR AGENDA Tabled Items #1 and #2 from October 28, 2014 Motion to remove from the table and consider and act upon: 1. Continue a Public Hearing and consider, and act upon amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to district boundaries within the Downtown Historic District (ZC 2014-06). (R. 011ie, Planning and Zoning Director) Executive Summary The City Council has declared as a matter of ordinance that the preservation, protection, and use of landmarks and historic districts is a public necessity because they have a special character or a special historic, architectural, aesthetic, or cultural interest and value and thus serve as visible reminders of the history and heritage of the City of Wylie. 2. Continue a Public Hearing and consider, and act upon amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to design standards within the Downtown Historic District (ZC 2014-06). (R. 011ie, Planning and Zoning Director) Executive Summary The City Council has declared as a matter of ordinance that the preservation, protection, and use of landmarks and historic districts is a public necessity because they have a special character or a special historic, architectural, aesthetic, or cultural interest and value and thus serve as visible reminders of the history and heritage of the City of Wylie. January 13, 2015 Wylie City Council Regular Meeting Agenda Page 4 of 5 3. Hold a Public Hearing and consider and act upon a Replat for Premier Industrial Park North, Lot 3A-1R for the development of a warehouse/distribution center generally located north of Hensley Lane and approximately 852 feet west of Sanden Boulevard (911 Hensley Lane). (R. 011ie, Planning and Zoning Director) Executive Summary The vacant property totals 3.21 acres. The property is zoned Light Industrial (LI) District. The applicant is EXCO Extruders and property is owned by WEDC. The applicant plans to construct a 30,000 square foot two story office/warehouse distribution facility along with light manufacturing functions. 4. Consider, and act upon, Resolution No. 2015-01(R) establishing a public newspaper of general circulation to be the"Official Newspaper"for the City of Wylie. (C. Ehrlich, City Secretary) Executive Summary Texas Local Government Code, §52.004 states that at the beginning of each fiscal year,municipalities must designate an official newspaper. This must be done as soon as practicable. The municipality shall contract with the newspaper designated by ordinance or resolution. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Hold a Work Session to discuss potential redevelopment of an existing Manufactured Home park (Wylie Butane Mobile Home Park) to a mixed use (commercial & multi-family) development, generally located east of S.H. 78 and south of F.M. 544. (R. 011ie, Planning and Zoning Director) RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection(a)does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. • Deliberation of settlement of dismissal of a police officer RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 5. Consider and act upon Settlement Agreement and Release between the City of Wylie, Texas and Ismael Wilfredo Hernandez and authorize the City Manager to execute the same. ADJOURNMENT If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attomey for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: January 13,2015 Wylie City Council Regular Meeting Agenda Page 5 of 5 CERTIFICATION I certify that this Notice of Meeting was posted on January 10'h, 2015 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas,gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY ClLI Minutes Wylie City Council Meeting Tuesday, December 9, 2014- 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilman Nathan Scott, Councilman Bennie Jones, Councilman David Dahl, Councilman Todd Wintters, and Councilman William Whitney III. Staff present were: City Manager, Mindy Manson; Fire Chief, Brent Parker; Planning Director, Renae' 011ie; Chris Hoisted, City Engineer; Finance Director, Linda Bantz; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tem Stephens gave the invocation and Councilman Scott led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present wishing to address Council during Citizens Comments. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the November 11, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) Minutes December 9, 2014 Wylie City Council Page 1 B. Consider, and act upon, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2014 and November 30, 2014. (S. Satterwhite, WEDC Director) C. Consider, and act upon, Ordinance No. 2014-41 authorizing the City Manager to Amend Wylie Code of Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Sections 38-22 (Alarm Permit Requirements) and 38-24 (Fees for False Alarm Notification), Regulating Alarm Systems; Providing for the Issuance and Revocation of Alarm Permits and for the Establishment of Permit Fees; Allowing for Response Termination by the City Police and/or Fire Department in the Event of Noncompliance with this Ordinance; Providing a Penalty for the Violation of this Ordinance; Providing Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption hereof; and Providing an Effective Date of this Ordinance. (B. Parker, Fire Chief) D. Consider, and act upon, Resolution No. 2014-41(R) authorizing the City Manager to amend Resolution No. 2010-39(R) and approve and execute a revised Facilities Use Agreement and associated contracts and paperwork with an entity wishing to utilize the Southeast Collin County Regional Training Facility located behind Station Two at 555 Country Club, Wylie, Texas and meeting the requirements of the Rules of Engagement. (B. Parker, Fire Chief) E. Consider, and act upon, Resolution No. 2014-42(R) of the City Council of the City of Wylie, Texas, authorizing the purchase of LifePak®15 Monitor/Defibrillator units, related accessories, and technical service agreement from Physio-Control Inc., a sole-source provider of LifePak® products, in the estimated amount of$106,965.90; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) F. Consider, and act upon, the purchase of Precor brand fitness equipment, warranties and installation from Team Marathon Fitness, in the amount of $60,971.00 for the Wylie Recreation Center through the use of a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Cooperative contract #423-13/Wylie Agreement #W2015-33-I; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) G. Consider, and act upon, Ordinance No. 2014-42 amending PD 2011-07 of the Estates of Creekside to decrease the front yard and rear yards for Tract A and Tract B lots for the purpose of constructing larger homes with expanded outdoor living areas, generally located south of Parker Road and approximately V2 mile west of Country Club Road. ZC 2014-10. (R. 011ie, Planning and Zoning Director) H. Consider, and act upon, approval of a Preliminary Plat for Kreymer Estates Phase III consisting of 29.765 acres for 74 single family residential lots and 3 open space lots dedicated to the City of Wylie, generally located South of E. Brown Street and approximately 130 feet east of Douglas Drive. (R. 011ie, Planning and Zoning Director) I. Consider, and act upon, approval of a Final Plat for Mansions at Wylie Seniors Apartments, Lot 1, Block A, creating a single lot, for the development of a 320 unit age restricted multi- family complex, generally located approximately 1200 feet south of FM 544 on McCreary Road. Property zoned PD 2008-43. (R. 011ie, Planning and Zoning Director) Minutes December 9, 2014 Wylie City Council Page 2 J. Consider, and act upon, approval of a Final Plat for Winger Addition, Block A, Lots 1 & 2, consisting of 1.857 acres to establish two commercial lots, generally located west of S.H. 78 and approximately 700 feet south of Eubanks Lane. (R. 011ie, Planning and Zoning Director) K. Consider, and act upon, approval of a Final Plat for Walmart Store#6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. (R. 011ie, Planning and Zoning Director) L. Consider, and act upon, approval of a Final Plat creating a single open space lot to be dedicated as parkland to the City of Wylie, located within the Braddock Place Subdivision, and generally located west of FM 544 and south of Elm Drive. (R. 011ie, Planning and Zoning Director) M. Consider, and act upon, approval of Ordinance No. 2014-43 prohibiting parking, stopping, or standing of a vehicle along the east side of Woodbridge Parkway from South Hensley Lane to North Hensley Lane, and along the north side of South Hensley Lane from Woodbridge Parkway to a point 800' east. (C. Hoisted, City Engineer) N. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2014. (L. Bantz, Finance Director) O. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2014. (L. Rant, Finance Director) Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, amending Planned Development 2006-55 (PD-2006-55), Section IV Specific Regulations to allow no more than 2 garage doors to face the street; generally located west of F.M. 544, south of Alanis Drive. ZC 2014-11. (R. 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject tract was part of a Planned Development adopted August 22, 2006 in order to develop a master planned residential community. A Final Plat for phase 1 was approved in 2013 and created 52 single-family residential lots and one open space lot. 011ie explained the intent of the amendment is to modify the regulations of garage doors facing a public street. The applicant states that builders have been approached by multiple buyers requesting four and five car garages. The current PD Conditions require that only the single car door in a 2 and 1 configuration may face the street. Although on corner lots, the garages may face the street. Minutes December 9, 2014 Wylie City Council Page 3 Because potential homebuyers are requesting that a 2:2 or a 3:2 configuration be constructed, the applicant is requesting that the ordinance be amended to allow for no more than 2 garage doors may face a street. In addition, any garage door that faces the street shall be an architectural upgraded door with decorative door hardware. 011ie reported no other changes are affected by this request. The Commission discussed the types of doors to be required and voted to allow the amendment, but require that all doors on the 2:2 or 3:2 configuration must be architectural upgraded doors with decorative hardware. The Commission voted 5-0 to recommend approval. Ryan Joyce, representing The Skorburg Company (applicant), completed a short presentation showing the design of the architectural upgraded doors and decorative hardware. Councilman Jones asked Mr. Joyce how the upgraded doors were enforced should one of the residents replace the existing door. Mr. Joyce replied that as part of the architectural requirements of the HOA, which is presented to each homeowner at the time of purchase, the requirement of door replacement would go through an approval process of the Architectural Committee. This committee insures that the requirements are adhered to. Public Hearing Mayor Hogue opened the public hearing on Item #1 asking anyone wishing to address Council to come forward. There were no citizens present wishing to address Council. Mayor Hogue closed the public hearing at 6:28 p.m. Council Action A motion was made by Councilman Wintters, seconded by Councilman Whitney to approve, amending Planned Development 2006-55 (PD-2006-55), Section IV Specific Regulations to allow no more than 2 garage doors to face the street, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located west of F.M. 544, south of Alanis Drive (ZC 2014-11). A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing and consider, and act upon, amending Planned Development 2005-24 (PD-2005-24) Braddock Place IV, Section IV Specific Regulations to allow no more than 2 garage doors to face the street; generally located south of Elm Drive and west of FM 544. ZC 2014-12 (R. 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject tract was part of a Planned Development adopted July 26, 2005 in order to develop a master planned residential community. The Final Plat for Phase IV was approved in 2013 and created 77 single-family residential lots. 011ie explained the intent of the amendment is to modify the regulations of garage doors facing a public street. The current PD Conditions allow for only the single door of a 2:1 configuration to face a public street. The applicant is requesting that lots less than 12,000 s.f. are allowed to have front facing garage doors, and must be an architectural upgraded door and contain decorative door hardware. The applicant states that builders have requested that the requirement of side swing garages decreases the amount of residential product that can be utilized. 011ie explained the amendment will allow more architectural variety within this phase of Braddock. Minutes December 9, 2014 Wylie City Council Page 4 011ie reported notifications were sent to thirty-two residents; with two responses returned opposing the request and no responses favoring the request. The Commission discussed the types of doors to be required and voted to allow the amendment, but require that all doors on the 2:2 or 3:2 configuration be architectural upgraded doors with decorative hardware. The Commission voted 5-0 to recommend approval. Council Discussion Mayor Hogue asked Planning Director 011ie if the amendment would allow any two garage doors to face the street. Would one, two car garage door constitute one of the two allowable doors to face the street? Ms. 011ie replied that the two car door would constitute one door and, as amended, would allow up to two of the double car doors to face the street. Mr. Jacobs commented that based on the front footage (60' width) this would not be feasible. Mayor Hogue asked Mr. Jacobs if it was possible. Mr. Jacobs replied yes it was. He stated that he had no problem with limiting three car spaces facing the street to the PD. Public Hearing Mayor Hogue opened the public hearing on Item #2 asking anyone wishing to address Council to come forward. There were no citizens present wishing to address Council. Mayor Hogue closed the public hearing at 6:44 p.m. Council Action A motion was made by Councilman Wintters, seconded by Mayor pro tem Stephens to approve, amending Planned Development 2005-24 (PD-2005-24) Braddock Place IV, Section IV Specific Regulations to allow that no more than a two car garage door(s) may face the street on lots less than 12,000 square feet, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware, generally located south of Elm Drive and west of FM 544 (ZC2014-12). A vote was taken and the motion passed 7-0. 3. Hold a Public Hearing and consider, and act upon, a Replat for Hooper Business Park Lot 7R consisting of 1.55 acres, generally located at northwest corner of Steel Road and Security Court. (R. 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the property totals 1.55 acres and will create one light industrial lot for a commercial business. It combines lots 6 and 7, with a portion of lot 5A from the Hooper Business Park Addition. A site plan for Wylie Elite Gym (Cheer Gym) was approved for the subject tract by the Planning Commission on November 18th. Public Hearing Mayor Hogue opened the public hearing on Item #3 asking anyone wishing to address Council to come forward. There were no citizens present wishing to address Council. Mayor Hogue closed the public hearing at 6:51 p.m. Minutes December 9, 2014 Wylie City Council Page 5 Council Action A motion was made by Councilman Whitney, seconded by Councilman Jones to approve a Replat for Hooper Business Park Lot 7R consisting of 1.55 acres, generally located at northwest corner of Steel Road and Security Court. A vote was taken and the motion passed 7-0. 4. Hold a Public Hearing and consider, and act upon, a Replat for Schupbach Estates, Lots 1-2 consisting of 0.633 acres establishing two single family residential lots, generally located southeast of W. Brown Street and Carriage House Way. (R. 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that originally developed in the early 1950s in association with a single family homestead, this property was a portion of a larger tract recently rezoned (ZC2012-03) and subsequently platted in April 2012. The plat (Mockingbird Hill) established three independent lots from the original tracts. The primary Lot 1 is where the single family home is located, Lot 2 is currently vacant and Lot 3 the subject of this replat has storage sheds and a red barn. Public Hearing Mayor Hogue opened the public hearing on Item #4 asking anyone wishing to address Council to come forward. Robert Reyes, surveyor for the applicant, addressed Council stating that this replat would improve the lot and bring the property to code. Mayor Hogue closed the public hearing at 6:55 p.m. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tem Stephens to approve, a Replat for Schupbach Estates, Lots 1-2 consisting of 0.633 acres establishing two single family residential lots, generally located southeast of W. Brown Street and Carriage House Way. A vote was taken and the motion passed 7-0. 5. Hold a Public Hearing and consider, and act upon, approval of a Replat for Wylie Retail Office Park; Block A, Lot 4A generally located at the southwest corner of SH 78 and Kreymer Lane. (R. 011ie, Planning and Zoning Director) Staff Comments The property totals 1.151 acres and the purpose for the replat is to dedicate the necessary fire lane, access and other easements associated with development of the property. Public Hearing Mayor Hogue opened the public hearing on Item #5 asking anyone wishing to address Council to come forward. There were no citizens present wishing to address Council. Minutes December 9, 2014 Wylie City Council Page 6 Mayor Hogue closed the public hearing at 7:00 p.m. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Scott for approval of a Replat for Wylie Retail Office Park; Block A, Lot 4A generally located at the southwest corner of SH 78 and Kreymer Lane. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, Ordinance No. 2014-44, amending Wylie's Code of Ordinances No. 2005-07, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-443 (Administration), 22-447 (Attached Sign Regulations), 22-448 (Monument Sign Regulations), 22-449 (Other Types of Signs) and 22-450 (Regulations for Temporary Signs) Repealing Ordinance No. 2009-21 to allow the City of Wylie,Texas to more effectively regulate signs. (B. Killebrew, Building(Vicial) Staff Comments Building Official Killebrew addressed Council stating that as the City grows and technology changes, our sign ordinance must change with it to keep up with progress. We understand that there is a fine line between having an underdeveloped sign ordinance and becoming overrun with signage. Building Official Killebrew explained staff had revamped this ordinance to try and balance both. Mayor Hogue asked Building Official Killebrew if there was a requirement for removal of political signs after the election. Building Official Killebrew replied there was no requirement within the current ordinance. City Manager Manson responded that staff could look at state law to see if a revision could be made with regard to political sign removal. Mayor Hogue responded he was in favor of researching possible options to add to the ordinance. Council Motion A motion was made by Councilman Scott, seconded by Councilman Dahl adopting Ordinance No. 2014-44, amending Wylie's Code of Ordinances No. 2005-07, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-443 (Administration), 22-447 (Attached Sign Regulations), 22-448 (Monument Sign Regulations), 22-449 (Other Types of Signs) and 22-450 (Regulations for Temporary Signs) Repealing Ordinance No. 2009-21 to allow the City of Wylie, Texas to more effectively regulate signs. A vote was taken and the motion passed 6-0-1 with Mayor Hogue, Mayor pro tem Stephens, Councilman Scott, Councilman Jones, Councilman Wintters, and Councilman Dahl voting for and Councilman Whitney abstaining. Mayor Hogue asked Councilman Whitney if he had filled out a conflict of interest form prior to the meeting. Mr. Whitney stated he did not and asked to reconsider the vote. Consensus of Council was to reconsider the vote. Council Action A motion was made by Councilman Scott, seconded by Councilman Dahl adopting Ordinance No. 2014-44, amending Wylie's Code of Ordinances No. 2005-07, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-443 (Administration), 22-447 (Attached Sign Regulations), 22-448 (Monument Sign Regulations), 22-449 (Other Types of Signs) and 22-450 (Regulations for Temporary Signs) Repealing Ordinance No. 2009-21 to allow the City of Wylie, Texas to more effectively Minutes December 9, 2014 Wylie City Council Page 7 regulate signs. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tern Stephens, Councilman Scott, Councilman Jones, and Councilman Dahl voting for and Councilman Whitney voting against. 7. Consider, and act upon, Resolution No. 2014-43(R) authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District for installation of a Water Conservation Garden at the City's Municipal Complex. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the North Texas Municipal Water District (NTMWD) is in the process of building a new Administration Building on their complex at the northwest corner of Highway 78 and Brown Street. During the planning for the project, NTMWD staff had initially hoped to be able to build a water conservation garden to serve as an educational tool utilizing drought tolerant plants. It became apparent that the construction site was too limited in size and would not lend itself to a fully developed garden. Discussions began to possibly have the conservation garden be on City property, and the concept under consideration was developed. Staff determined the optimal site to place the garden was between the Recreation Center and Library. The NTMWD will fund the installation and plant material and asked the City to provide future maintenance. Manson displayed a design showing the size of the garden and possible plant material to be used. Councilman Jones asked if the City could support future maintenance requirements. City Manager Manson replied absolutely; the City is now maintaining the plants currently in the area. Councilman Scott commented he felt this was very forward thinking and something citizens could learn from and enjoy. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Scott to adopt Resolution No. 2014-43(R) authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District for installation of a Water Conservation Garden at the City's Municipal Complex. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2014-41, 2014-42, 2014-43, and 2014-44 into the official record. Mayor Hogue announced there would be no work session this evening; the work session was cancelled by the applicant. WORK SESSION Hold a Work Session to discuss potential redevelopment of an existing Manufactured Home Park (Wylie Butane Mobile Home Park) to a mixed use (commercial & multi-family) development, generally located east of S.H. 78 and south of F.M. 544 Minutes December 9, 2014 Wylie City Council Page 8 Mayor Hogue convened into Executive Session at 7:39 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. Property located near Jefferson and Ballard Avenue. Mayor Hogue reconvened into Open Session at 8:05 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. No action was taken as a result of Executive Session. ADJOURNMENT A motion was made by Councilman Dahl, seconded by Mayor pro tem Stephens to adjourn the meeting at 8:04 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes December 9, 2014 Wylie City Council Page 9 tetitivir ` Wylie City Council � � .a��.w fi AGENDA REPORT Meeting Date: January 13, 2015 Item Number: B Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 23, 2014 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2014.. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for November 30, 2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 1 2014-2015 Investment Report November 30, 2014 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,528,709.21 MMA 0.0286% Texpool 12/31/2006 NA 2 $15,046,254.93 MMA 0.0387% TexStar 3/15/2011 NA $29,574,964.14 Total Weighted Average Coupon: 0.0337% Money Markets: $29,574,964.14 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,574,964.14 Wylie City Council • AGENDA REPORT Meeting Date: January 13, 2015 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 23, 2014 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2014. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30,2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 ��U�-^� �� CITY� ��^ vv / x-^�- MomT*c(nwAmowLnEpoRT November oo.2n1* mxmuAL CURRENT YTD ACTUAL aen" ~=m BUDGET MONTH ACTUAL YTo4oTuAL Aa4PERCENT 16.67Y6 ACCOUNT DESCRIPTION 2014-2015 2014-2015 2014-2015 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 20.452.238 525.869 850.858 4.18% A FRANCHISE FEES 2.498.000 O 43 0.00% B LICENSES AND PERMITS 038.000 51.277 110.093 17,35% INTERGOVERNMENTAL REV. 774.801 30.644 41.436 5.35% C SERVICE FEES 3.023.905 234.822 201.928 8.60% D FINES AND FORFEITURES 300.000 22.009 50.081 1689% INTEREST INCOME 3.008 210 441 14,08% MISCELLANEOUS INCOME 200.000 7.555 10.829 5.40% OTHER FINANCING SOURCES 1.901.899 O 1.801.899 100.00% E REVENUES 2e.851.103 873.04e 3.294.908 11.04% USE OF FUND BALANCE 1.229.890 NA NA wx r USE OF CARRY-FORWARD FUNDS 67.000 NA NA wx TOTAL REvEmusa 31.1*8.65e NA NA mx GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 102.030 0.833 13.128 12J9% CITY MANAGER 810.327 00.393 121.981 15.05% CITY SECRETARY 273.202 18.801 38.593 14.13% CITY ATTORNEY 178.080 O O UDO% FINANCE 996.334 59.557 135.938 13.84% FACILITIES 592.441 88.249 110.565 18.80% G MUNICIPAL COURT 344.498 31.791 50.155 10.30Y6 HUMAN RESOURCES 218.907 18.478 33.867 15.47Y6 PURCHASING 94.318 0.901 14.003 14.85Y6 INFORMATION TECHNOLOGY 1.080.308 229.917 272.632 2524Y6 G POLICE 7.240.473 519.553 1.102.792 1523Y6 FIRE 6.432.405 599.899 1.100.881 17.21% G EMERGENCY COMMUNICATIONS 1.300.108 75.908 109.762 13.00% ANIMAL CONTROL 400.435 33.778 07.708 14.52% PLANNING 524.282 42.086 83.283 15.89% BUILDING INSPECTION *04.722 38.023 80.772 14.30% CODE ENFORCEMENT 241.082 15.904 35.633 1478% STREETS 2.094.441 70.280 159.494 7.02% PARKS 1.810.006 108.358 210.844 11.04% LIBRARY 1.080.478 114.777 230.026 14.00% COMBINED SERVICES 3.897.256 254.678 814.425 20.37% H TOTAL EXPENDITURES 31.148.659 2.410.163 4.864.480 15.62% REVENUES ovEmxumoEn)EXPENDITURES o -1.537.11* -1.5e9.572 -*.58% x. Property Tax Collections for FY14'15anof November 30 are 5.18Y6.in comparison toFY13'14 for the same time period 5.30Y6. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C. Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. D.Service Fees:Trash fees billed in October are applicable towards FY 2013-14 revenue with the remaining fees coming from other seasonal fees. E.Other Financing Sources includes the annual transfer from the Utility Fund. F.Use of Fund Balance: For Replacement/New Fleet&Equipment and Transfer to Debt Service. G. Due to one-time expenditures including new/replacement equipment. This will level out throughout the fiscal year. H�Due to one-time expenditures including annual insurance payments and transfer to debt services.This will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2014 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2014-2015 2014-2015 2014-2015 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,545,000 1,089,736 1,128,509 8.33% INTEREST INCOME 1,400 129 250 17.89% MISCELLANEOUS INCOME 45,000 314,085 318,198 707.11% J OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 13,591,400 1,403,950 1,446,958 10.65% USE OF FUND BALANCE 434,000 NA NA NA K TOTAL REVENUES 14,025,400 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 423,987 28,672 50,845 11.99% UTILITIES-WATER 1,683,933 129,511 232,197 13.79% CITY ENGINEER 520,614 30,812 63,542 12.21% UTILITIES-SEWER 870,858 42,265 91,601 10.52% UTILITY BILLING 314,218 22,776 45,256 14.40% COMBINED SERVICES 11,191,637 607,974 3,246,173 29.01% L TOTAL EXPENDITURES 15,005,247 862,010 3,729,614 24.86% REVENUES OVER/(UNDER)EXPENDITURES -979,847 541,940 -2,282,656 -14.21% I.Most Utility Fund Revenue billed in October was applicable to FY 2013-14. J.Miscellaneous Income: Includes a check in the amount of$310,375 from NTMWD to assist with construction of the East Brown Pump Station. K. Use of Fund Balance:For Replacement/New Fleet&Equipment. L.Due to annual transfer to the General Fund. This will level out throughout the fiscal year. OF Wit, rWylie City Council i .7,r2,,,,; AGENDA REPORT ,,„ .$ Meeting Date: January 13, 2015 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 7, 2015 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon an approval of a Final. Plat for Bozman Farm Estates Phase 4, establishing 55 single family residential lots and one open space lot on 15.672 acres to create Bozman Farms Phase 4, generally located east south of Stone Road near Wildflower Lane. Recommendation Motion to approve a Final Plat for Bozman Farm Estates Phase 4, establishing 55 single family residential lots and one open space lot on 15.672 acres to create Bozman Farms Phase 4, generally located east south of Stone Road near Wildflower Lane. Discussion Owner: Development Solutions BZ,LLC Applicant: Ridinger Associates,Inc. The purpose of the plat is to create 55 single-family residential lots and one open space lot on 15.672 acres of property, zoned PD 2002-52. The plat creates Phase 4 of the Bozeman Farm Estates and is consistent with the PD conditions set forth. The one open space lot is labeled on the plat as an "X" lot and will be owned and maintained by the HOA, including the cemetery. The Final Plat complies with all applicable technical requirements of the City of Wylie and substantially conforms to the adopted PD provisions; plat is recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. The Commission voted 6-0 to recommend approval of the request. Page 1 of 1 FOXVOOD I I I I I Wendell H. Daniel and Daryl McCullogh and wife, Randall D. Grubbs Brenda W. Grubbs J Nate if Maas I ation John Englar and Christopher D. Pollard and spouse, Julie C. Kilgore and $ • 7 W Natalie R. Daniel Ruby Dian McCullogh and Kyle Dewayne Clark y I I g $ g L. Geoff M. Kilgore � � �� J jNc Y Yn anyu Duan Laurie Pollard �� 20080111000047680 Doc.No. 20131230001694250 Volume 3296 Page223 I $ ± _J �' cc#2002-0182645 cc#00-0010143 Doc.No. Doc.No. 20140522000507760 WHEREAS Development Solutions BZ,LLC,is the owner of that certain lot,tract or parcel of land situated in the John G.Jonett O.P.R.C.C.T. O.P.R.C.C.T. O.P.R.C.C.T. O.P.R.C.C.T. p STONE ROAD O.P.R.C.C.T. I O. .R.C.C.T. Survey,Abstract Number 475,City of Wylie,Collin County,Texas,and being a part of that certain tract of land described bydeed z a W I to Development Solutions BZ,LLC,recorded under Document Number 20130628000906750 of the Official Public Records of I I ICollin County,Texas,and being more particularly described as follows: 1 i S IT E POINT OF II I BEGINNING at a 1/2inch iron rod found for the most north,northwest corner of said BZ tract,being in the east line of that certain I tract of land described BEGINNING I 10' East Fork Water I Supply Easement by deed to Raymond Tobias Baez,recorded in Volume 977,Page 573 of the Deed Records of Collin County, / ) Sanitary I I V.675 P.368Texas,said point being within Stone Road; 30' Sewer approximate location Stone Road Easement N (V.4837/P.1 73) - - � I THENCE South 89 degrees 08 minutes 50 seconds East,with the north line of said BZ tract and beingwithin Stone Road,a 1 {c+�•) -' - - - - - - - _ - - _ - - distance of 1118.91 feet to a/z inch iron rod with a yellow cap stamped"ARTHUR SURVEYING COMPANY"(ASC) set for corner "� in the east line of a 30 foot wide Sanitary Sewer Easement to the City of Wylie,recorded in Volume 4994,Page 3377 of the Real 1 2 LR.F. S89°08'S0"E 1118.91 ■ Property Records of Collin County,Texas- .r i56.0f' .� ,� N M El -a ,L..... Right-of-way Dedication + 1/2"1•R•S. - - THENCE in a southerly direction with the east line of said SanitarySewerdistances: 589 3633E 121.00' L_ 9 y ,, Easement,the following seven(7)calls and � In pi � S89'36'33'E 444.2T _ ea E � to u.E 8.25' B.L 48.09' MOO' • :441_5734a033519-185797-50.03 South 43 degrees 53 minutes 03 seconds West,a distance of 492.94 feet to a'/2 inch iron rod with a yellow cap stamped"ASC" 4 ce O V - ` A10 U.E 50.00 50.00 50.00 50.00 50 00 50.00' 46.18' `so 03 :- -___Tr TS8978 58'E 268.35 T--3,83• -�_, _ 32,E � set for corner; i- BEAVER CREEK o � 20' B.L .,,- � `y.-. 17.96' 55.00' I` V ''� 25.0' 25.0' _ _ 10'U.E 195 / - -d cr a 37 0 I �a BLOCK B __ - _._. 20'B.L- V " South 32 degrees 43 minutes 44 BOZMAN N I ;� - ♦ gree seconds West,a distance of 181.89 feet to a/z inch iron rod with a yellow capstamped"ASC" • Iset for corner; PKLINGBE!_L ao_� O• 0 I V at I -3l a ,W 3 wESTLA t+-•+ I N g ii . ♦ 4. I minutes 25 seconds Z4 c j I 0 I / ♦ South 22 degrees 02 co ds West,a distance of 169.84 feet to a 1/z inch iron rod with a yellow cap stamped"ASC" Kz O N89'5126-w 131.00' -cv I 2 o b c J BUTLER } a 0 1 t 2 3 °' 4 O) 5 ' 6 7 8 ; 9 10 11 12 13 14 �°' co �' V a J 8 J ^ F r ri o II set for comer I 8m 36 1 il ' w § h .- F w 4- 4 b)'' I / r�, o �' rc / �1 30' Sanitar S South 05 degrees 04 minutes 30 seconds West,a distance of 373.02 feet to ' ++ " a I . I ( e� �1 / y ewer ♦• a A inch iron rod with a yellow cap stamped ASC '� a 25' B.L zi4 I ii/�, 'Q• Easement �• ♦ set for corner; WOOD 131.00' (_ 20'B.L - - 20' B.L 25 B.L , „ 25' B.L - Z V 4994 P.3377 MEADOW - 20 B.L20 B.L / t•� / - MEMO o ", 20' B.L y-� B j "4. Abandoned b South 44 degrees 19 minutes 25 seconds West,a distance of 202.61 feet to a/z inch iron rod with a yellow 8 � / y♦ � 1 ye cap stamped"ASC" __ _ -- :.. Lthis at set for comer; 4. \ / c -3 .W ``t 47.36' S0 00' 50.00' 50.00' 50.00' 10' U. 50.00' Esaoo' S00' 5000' i6.99' 33.02' 479 ' 4853 D•"�VICINITY MAP 1 " = 2000 ' 8 35I 47.90' `� 4 / o ;417 In aI c e ♦ South 14 degrees 09 minutes 57 seconds West,a distance of 195.82 feet to a 1/z inch' n " ►,M 6 %8 St hen Drive C3 �'\ '/ yet set for corner; iron rod with a yellow cap stamped ASC i31.00' �z - _ _ 58932'13_E 499.21' _ C1 I ,�k I gh p VP �.y ' I 388.61 112.59' I I N87341361.1 129.05' I r 1v0 `4;p p4 {50' R.O.W.) c 1 ‘N_�1' ♦ South 40 degrees 02 minutes 32 seconds West,a distance of 32.58 feet to a%z inch iron rod with a " 0 V '' N ' set for corner; yellow cap stamped ASC bV S 34 I $ �� 53.3i 5255 10' U.E. 52.55' 52.55' 52.55' 52.96' Ci 4 0.00' 32.59' 117.41'15.9 ° ^ I / �0 q a n " 20' B.L 20'B.L 20' ` % 0710' u.E •� C� S.S.E. '' 17 ♦ THENCE North 54 degrees 23 minutes 22 seconds West,a distance of 129.89feet1 O .11"1 25 8.LB L I. r20'B.L. to a A inch iron rod found for the southeast 0 A 131.00' C II - _ 25 B.L �.. 8 - 25' B L 20 B.L. , i •/ ♦ corner of Lot 1,Block D,Bozman Farm Estates,Phase 2,an addition to the City of Wylie,Collin County,Texas,accordingto the 4 o rn " a I c g II �` `�� 15' o.E nt ), I / plat thereof recorded in Cabinet 2012,Page 34 of the Plat Records of Collin County,Texas; ci •. :0 OIdi N o � '� "'� W a `° 'sla \�� -e THENCE North 21 degrees 20 minutes 06 seconds East,with the east line of said Block D,a distance of 226.53 feet to a 1 r8 33 °° $ W g S $ I. ,� °�, R 22.99 < h inch - •'- .- r' 1. 1 2 i. ci 3 ci cv 4 5 6 g $ 22 W23 b < e, j iron rod found for corner in the east line of Lot 3 of said Block D; I� ,.. 0 •- W � "d W 131.00' I ``V g I g A4 d ii g 25 le? // I`,' j THENCE North 00 degrees 20 minutes 26 seconds West,with the east line of said Block D,a distance of 500.55 1 1 iril . .; ivfeet to a/z inch I' z g I b g QS co+ 3/ ; ` j iron rod found for the northeast corner of Lot 10 of said Block D; n �'.' oo T - 1 04' �� w g h ti/ j BLOC 20 B.L Q,� ` :0 U o0 ^ '4 32 N I K C I. ---- BLOCK D / '` j THENCE South 89 degrees 40 minutes OS seconds West,with the north line of said Bozman Farm Estates,Phase 2,a distance of 04 O O �, 6252 52.55' _ 52.55' 5255' S255' 62.96' o Cia:1) c o e - _.__ `� , 346.97 feet to a/z inch iron rod found for the northwest corner of Lot 26,Block A of said Bozman Farm Estates,Phase 2 and being 60 0 60 120 180 Feet clIo r O ►� I <n 63.51' 50 00' 50.00' 50.00' 50 0Q' 72.18' - s5.4o' ---__ .� �j �� ! in the east line of that certain tract of land described by deed to Richard L.Neal and wife,Catherine �"'' '""' `"'{ ! ( ! �"• I I I 5.00� .00' 50 37' /.4► I 1126,Page 216 of the DeedRecordsE.Neal,recorded in Volume 1" = 60' to V N89451 26"w 131.83 + 20 B.L. �""` .-S82. , Isct3rag of Collin County,Texas; SCALE: V O I 0 I-- u.o 25.0'- 25.0' tang"E 5.a 27•57 '►.�'i'';�, j , vI ,..1 , ( w5 $ �; ' �' THENCE North 00 degrees 08 minutes 34 seconds East,with the east line of said Neal tract,continuingwith the east line NOTES: v o 4 u, "Ar-c N�° c S I t 21 _ ♦ certain tract of land described by deed to BillyWare Shepherd,recorded of that 31 w K cx o l' T, ry`O i/2 i.R.S. Real Property Records of Yn P under County Clerk's File Number 2004-0167752 of the 1 1 2 I o♦. I g g g , /IO 2N / g�,. . . ♦ P rtY Collin County,Texas,and continuing with the east line of said Baez tract,a distance of 628.53 feet to the 1. All iron rods found are /2 inch unless otherwise noted. All iron rods set are /z inch 121,11 81ro8•?s. POINT OF BEGINNING,and containing15.672 acres of Ian more or♦ d, less. with a yellow cap stamped"Arthur Surveying Company". -' - 1 .47, I o� 11 P 10 g 9 gi 8 7 o g: c w t55.68' ♦ ,� • N I y/ I , tatrtfort, knout aU ratn brJ tipst prtalct ds:' a g / 'm' 20 ♦ THAT DEVELOPMENT SOLUTIONS BZ,LLC,actin herein byand throw it's dulyauthorized2.Bearings shown are based on Texas State Plane Coordinate System,NAVD 88(U.S. N 25 B.L Zo'6.L �;i�:L -25' B.L l 4"! N `v/ y this plat designating the hereinabove described, roe g officers,does hereby adopt Feet)with a combined scale factor of 1.00015271. r o -- - �. - --� ,N ♦ g ed,property rty as Bozman.Farm Estates,Phase 4,an addition to the City of Wylie,Texas, 30 ' w 11 ,c�',� o sj4�3, ,� ,�'�,`',� ♦ and does hereby dedicate,in fee simple,to the public use forever,the streets and alleys shown thereon. The streets and alleys are w is �8 24.74' 6.22" 50.00' way to' U.E. �,�• �.�• J1, •�'/2 / t8"F t3 / ro• • dedicated for street purposes. The Easements and public use areas,as shown are dedicated,for the public use forever,for the 3. Selluig a portion of this addition by metes and bounds is a violation of City144 05' l 1 N �]�" •77' :1.ctl � / �srry ?� purposes indicated on this plat. No buildings,fences,trees,shrubs or other improvements maybe placed in Landscape Easements, Ordinance and State Law and is subject to fines and withholding of utilities and N l hZllZ Lane �� ' j • if approved by the City of Wylie. In addition,Utility Easements may also be used for the mutual use and accommodation of allbuilding permits. C2 Ss9 32'13"E 275.88' a `� / public utilities desiring to use or using the same unless the easement limits the use to articular utilitiesIn L2 _ ` 19 p ,said use by public utilities y �, being subordinate to the Publics and City of Wylie s use thereof. The City of Wylie and public utility entities shall have the right to 0 29 �=\,,, , `� w (50' R.O.W.) b 0 4 y / remove and 4.A ten(10)foot Utility Easement is hereby dedicated,by this plat,along all street m c ,� n Q- y�. �P �, keep removed all or parts of any buildings,fences,trees,shrubs or other improvements or growths which may in any k � Or -t co /0• F interfere with the construction, or efficiency of their 'v right-of-ways,inclusive of front,rear and side of all lots adjacent to right-of-way. 17.17'i 38.9,3• �O0• 10'u 50.00' 50.00' r ♦ iency respective systems in said Easements. The City of This also includes "X"lots hereon for b o r i [---41 151.90' �1 E __. .�' /ry°� �� ♦ Wylie and pubes utility shall at all times have the 5ull right of Ingress and Egress to or from their respective all h ( cable,phone,electric,etc)per City �� D toe • o� s� ;/ irlespectiv easements for 20 B.L f 33• / = Y .- - i _ P _ - the purpose of ,PeCOn31111Ctin patrolling, pit. li• s 12 20 e.L .� _,- w. 41 , & g,in g,pa g,maintaining,reading meters,and adding to or removing all or r ._ 25 B.L - ,� 1 it / 1 parts of their respective systems without the necessity at any time procuring the permission of anyone. ,� p �. Doc. No. 20130628000906750 5. Lot 16X,Block D is open space and is to be owned and maintained by the a 28 1 g a - � I. T p approved to all platting ,rules,n% and resoluttions of the City of Wylie,Texas. Homeowner's Association(HOA). o °D o•p•R•C•C•T• a /,/ 1 WITNESS,my hand,this the day of ,2014. N � � gg 1517ps (remainder) '� I _.Lw -I i a m mi N ' ' oh•� �0pending, Dote: Augut28, 2014 DEVELOPMENT SOLUTIONS BZ L'CI as �I D.E I °' I �, w * / o'ti y� 1 , LC d!b!a/DS Bozman,LLC c w N N 3 rr s h+I 1JNE TABLE Z,' a (-! t__).2..19 27I I o Ii 20' e.L ' I 1 LINE BEARING DISTANCE 14 „(,) i., - 8 / ♦ B . Li NO2'5 24 E 15.00 Z1 U• e_ ,_ 5 B.L g j• L2 S81'4T40"W 13.60' ai �so.71 25.00• 25. ..f55.001 �50� 31 zs O �,I pi at 1 20' B.L / 4Nt h� O • i/2'1.R.F. S89°40'05 t 346.97' a 1/2 LR.F. - 20' Q.L� L3 N44'44 00 W 14.17' .ti '' (+riM.) c "' o ' • • L4 S45'i fi'00"W 14.11' ~ �' 99.20' N cV " A u - en 18.32' 50.00' 50.00' s89'32'13"E 13t.45' �/ , 1 I 1 i 11 I $ L5 N44 41 50 W 14.18' g I 7 I Lot 10 N8932'13"w 118.32' variable '1311 I BEFO' me,the undersigned authority,a Notary Public in and for the State of • • " Lot 26 m 1 ,on this daynt, personally ...._7 L6 S45 27 47"W 14.14 I �,, .+; S.S.E dr D.E. appeared ,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowl to me that he executed the same for the purposes and considerations therein L7 S38 3815 W 13.68' I / o o a AI N as3' e � ein ex resL8 I I f o o E Nexpressed. _ _ �. 1/2 R I. ; GIVEN under my hand and seal of office this the day of 2014. L9 S 8't810 W 14.10' -' -' s5'rs is w 151.01' "'f'- r " " fi Lot 25,Block 2' ° E Lot 9, Block D N ~s'c' . � � �I 16X, BLOCK D I , L10 N44 32'13"W 14.14' -ca Bozman Farm Es tes j o iZ ^ w Bozman Farm Estates Li N58'1816 E 16.93 °° I � 3 Phase 2 °' i • L12 S47'52'13"E 21.77► Phase 2 o „ EN d ` I Notary Public in and for the State of Ca . 2012,Pg. 34 > I. Cab. 2012,Pg. 34 I 0 1 L13 No027`47NE 30.03' 3I I P.R.C.C.T. c P.R.C.C.T. 1 I L14 N38 55 29 E 43.68' ��_ 7... - -,J to 'el I of Maas L15 S22'11 09 E 41.37' � r �; o, I �i I( S89'48'05"E 198.04` �+4 r $ L16 S22'11'09"E 34.71' oo I w Lot 24 °D tiI > I (�I ►11 i k 1 Of linden I L17 S45'34'09"E 3.39' o Lot 8 2 , v t ' j SURVE ORS CERTIFICATE: z. cno CURVE TABLE o N - o 1 RECOMMENDED FOR APPROVAL: That I,Douglas L.Arthur,do hereby certifythat I aced this lot from an 1+� E Prep P actual and accurate survey of the land and that the CURVE LENGTH RADIUS DELTA CHORD Io - o �, corner monuments shown thereon as set were properly placed under j P P Y my personal supervision in accordance with the Subdivision c Ordinance of the City of Wylie. C1 34.21' 1000.00 1 57.37p N88.33;25n W 34.21 1 N - - - - Ul F. O. Birmingham Co ' w N C2 42.36' 280.00' 8 40 07 S86 07 43 W 42.32' Memorial Land Trust + O I Chairman,Planning&Zoning Commission Date PRELIMINARY C3 5.86' 10.00' 33'33'26° N7518'41"E 5.77' I , Oro Volume 4878, Page 1591 w I ^ / j City of Wylie,Texas THIS 1OtxgEN1' SHALL ICI ME Eo FOR C4 12.31' 10.00' 70'31'44" N52'18'44"W 11.55' 0�� (cemetery) 1'u �M I ANtt AND SHALL NOT ME VIEWED OR I Lot 23 I Lot 7 b I I RELIES is SATED C5 3.19' 10.00' 18'?T29" S16'10'06"W 3.18' :N 1 k i j APPROVED FOR CONSTRUCTION: C6 6.01' 10.00' 34'27'30" N72'18'28"W 5.92' _____ - - $ I Douglas L.Arthur R.P.L.S. 1 Al� )F J to IO I < No.4357 ..' „ Lot 3 1/2"LR.F. / - itatt of WtX8 nolaiN' / A o / I Mayor,City of Wylie,Texas Date -, rCH LAN / .�� o� . " ♦ ♦ ig I i k► Of I tt $ BEFO' ' me,the undersigned authority,a 1 / to•�� .�, ? �'�+• // ,� Lot 6 O N89 48 05 W 198.04 Jga ty, Notary Public in and for the State of Texas,on this day i ACCEPTED: Arthur,known to me to be the person whose name is subscn�ed to the fore o' instrument and ct�,�, lyappeared Douglas L. / foregoing edged to me that he • •:..~ 20t �--� "-„1`"�"' „� /�S° executed the'�-� -12 , 15 '°"'"`R / D� same for thepurposes and considerations therein expressed. ' ,,>��y ---_ ,. �J Lot 19 I Lot 20 I Lot 21 I Lot 22 ♦ I xpre it- Na saw i �J `0srj� ' �•••, ,,� I I JI I ( j GIVEN under my hand and seal of office this the day of ,2014. LOt 2 tp� ''� j Mayor,City of Wylie,Texas Date I 1 j2'l.R.S. I I , j '�.�c.r Lot 5 I . I .1 j r In j The undersigned,the City Secretary of the City of Wylie,Texas,hereby certifies that the Notary Public in and for the State of Texas // `� `�� A o foregoing final plat of Bozman Farm Estates,Phase 4 subdivision or addition to the City of n2 Wylie,was submitted to the City Council on the day of ,I 2014,and theFINAL PLAT LEGEND: to's. E12 , ! Council,by formal action,then and there accepted the dedication of streets,alley,parks, / IC,,, L I.R.F.-IRON ROD FOUNDti � I I and said Council further authorized the Mayor to note the acceptance thereof by signing his name Lot try M 1y ' I.R.S.-IRON ROD SET 15 Sanitary Sewer Esmt. as hereinabove subscribed.,� C.M. -CONTROLLING MONUMENTI Lot 4 Doc. No. 20080903001067790 / I PHASE 4 ro j R.O.W.-RIGHT-0E-WAY / , I Witness hand this datI y°f °A.D.2014. bein 15.672 Acres out of the 16X BLOCK D / �� 'j` P.O.B.-POINT OF BEGINNING / i,� N.T.S.-NOT TO SCALEI / g♦ I / •�c :� ID.R.C.C.T.-DEED RECORDS,COLLIN _ _ / I COUNTY,TEXAS / I John G. Jonett Survey, Abst. No. 475 �� o �- O.P.R.C.C.T.-OFFICIAL PUBLIC / /0iCity Secretary o �' ♦ RECORDS,COLLlN ♦ ♦ City of Wylie, Collin County, Texas t/2"LR.F. a' /�I CI~y COUNTY,TEXAS // /1# ♦ , City of Wylie,Texas (CA) . IV / ♦ P.R.C.C.T.-PLAT RECORDS,COLLIN '"° '�..f Lot 3 1 2"�.R.F. / 'j -2014- 30' Enserch Easement ° / ` COUNTY,TEXAS '~"'�'° / / ��'� ` ; • �� H.O.A.-HOME OWNERS ASSOCIATION �1ATC /(V.1256/P.698) �Nc'%. J, r C.C.#-COUNTY CLERK'S NUMBER8 '"""""'r LINE / �� I ur uacf rve o. nc. �j. / B.L. -BUILDING LINE t0• ,t2012 �. / �' I1/A"\- 1s c a� "" • U.E.-UTILITY EASEMENT �� _ / Ridinger --� S.S.E.-SANITARY SEWER EASEMENT �12/3.9 t5• -...� .fteitraw /iilee / I OWNER/ DEVELOPER oua�t Land Surveyors G / �q'• .0O� �_Ql - ^,,. ..-� D.E.-DRAINAGE EASEMENT _•n.,�,1 2°°80901gor amiI I Development Solutions BZ, LLC Associates� Inc. (972) 221-9439 Fax: (972) 221-4675 'J- �`'�-'(/a 'mot` 12400 Colt Road,Suite 850 220 Elm Street, Suite 200 P.O. Box 54 �� / --tb419 I Easement to Enserch ' -DENOTES STREET NAME CHANGE / �t 2 ~`��n 8o " I �--- (V.5857/P.2232) t0 j Dallas,TX 75251 Civil Engineers-Planners Levrisville, Texas 75067 TRFN N0: 10063800 cV Phone:(972)404-8500 Established 1986 1 �� 0 -1/2"IRON ROD SET CAPPED"ASC" 1/2"I.R.S. Firm No. 1969 ,., 'A.S.C." j I 550 S. Edmonds Lane, Suite 101 Tel. No. 972 353-8000 wwrP.srthursurveying.com Contact:Aaron Ketchand Lewisville, Texas 75067 Fax No.(972) 353-8011 DRAWN BY:J.C. DATE: 09/12/13 SCALE: 1"=100' CHECKED BY: D.L.A. ASC UNLESS OTHERWISE DENOTED NO.: 140872-2 P+V \AUMoznon Ph 4\dwg\140872-2_flnat plat drip 12/17/2014 12d2d3 PM CST OF Wylie City Council AGENDA REPORT lit Meeting Date: January 13, 2015 Item Number: E ................ Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 31, 2014 Budgeted Amount: $ Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2015-01, abandoning that northern portion of Right-of-Way described as a 70 ft. R.O.W. of Third Street consisting of 8,606 square feet. Generally located north of Oak Street and South of S.H. 78. Recommendation Motion to approve Ordinance No. 2015-01, abandoning that northern portion of Right-of-Way described as a 70 ft. R.O.W. of Third Street consisting of 8,606 square feet. Generally located north of Oak Street and South of S.H. 78. Discussion Owner: City of Wylie Applicant: Nayeb Family,LP The applicant, Mr. Fawad Nayeb was successful in obtaining an abandonment of a portion of 3rd and Oak Streets, in accordance with City Ordinance No. 2007-21. However, although the request was fully granted by Council, an Ordinance was not processed. With the recent abandonment of the adjacent tract of land to Mr. Nayeb, Collin County Appraisal District has notified Staff that the 3rd Street Abandonment must follow the same process with the adoption of an Ordinance in order for the County to officially amend their records. The purpose of both requests is to expand and improve existing property at 401 Hwy 78. The Applicant acquired the services of Fuller Appraisals to conduct an appraisal of the property and establish its fair market value. The cost of this appraisal was paid for by the applicant. The appraisal indicated the fair market value of the property as one dollar and fifty cents ($1.50) per square foot. The subject right-of-way totaled 0.1976 acres or 8,606 square feet. The total fair market value of the ROW was $12,911 and a check in that amount was processed and deposited to the City by the applicant. Page 1 of I ORDINANCE NO. 2015-01 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING 8,606 SQUARE FEET OF PUBLIC RIGHT- OF-WAY LOCATED NORTH OF OAK STREET AND SOUTH OF S.H. 78, WITHIN THE RAILROAD ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is platted as public right-of-way bounding the northwest corner of Oak Street and Lot 2, Block A of the Dollar General Addition, said right-of- way being 70 feet wide and containing 8,606 square feet; and WHEREAS, the Nayeb Family LP, principal owner of the property adjacent to said right-of-way has requested that the right-of-way be abandoned and offered for sale according to State law and Section 2.12 of the City of Wylie Subdivision Regulations; and WHEREAS, the City of Wylie has determined that said right-of-way is no longer needed for public access purposes, provided that any existing utilities located within said right-of-way are converted to easements through replatting or other legal instruments by the new owners acquiring said right-of-way; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the above described right-of-way and as shown in Exhibits "A" & "B" attached are no longer necessary for public access purposes, provided that existing utilities shall be located within easements, and that said portion of right-of-way should be abandoned in favor of adjacent property owners. SECTION 2: That this abandonment shall extend only to the public right-of-way, title and interest which the City of Wylie, Texas may have in and to said right-of-way, and shall be construed to extend only to such interest that the governing body of the City of Wylie may legally and lawfully abandon. SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of January, 2015. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance 2015-01 Abandoning that northern portion of Right-of-Way of Third Street APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT TO THE MAYOR AND CITY COUNCIL OF THE CITY OF WYLIE: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. Attached, marked Exhibit No. 1, is a metes and bounds description (dividing the area in half) of the area sought to be abandoned. 2. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/easement sought to be abandoned, and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together with the record owners of such lots. 3. Attached, marked Exhibit No. 3, is the written consent of all public utilities to the abandonment. 4. Attached, marked Exhibit No. 4, is the consent of the City of Wylie staff to the abandonment. 5. Attached, marked Exhibit No. 5, is the written consent of all the abutting property owners, except the following: (if none, so state) 6. Such public right-of-way/easement should be abandoned because: TO e<panct and inn pra)e Ccl s-h,n C p-Cpcnt art 4a 1 7. Such public right-of-way/easement has been and is being used as follows: RAbt‘c acesss 1� 9 Procedure for Abandonment of a Public ROW Page 5 488299,vI 8. Attached, marked Exhibit No. 6, is the certified appraisal of the value of the land to be abandoned. 9. Attached, marked Exhibit No. 7, is a Release of Claims executed by each abutting property owner. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. "IA/ Applicants Signature: ^^ Applicant's Name: tPUQCt L G'4 b Applicant's Address: L 42 1 (Yla.p\G t as is' SZ.- (q) Applicant's Phone Number: 2 (LA SL-I3 ab g ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF Co//iV § / y�liJ 9 S bscribed and sworn to before me, a Notary Public, this la day of _12 dig , 2009 , by %fJ um 0 /(//i yE Notary ublo in and for the State of Texas /`� OAYLEmmi WAn ON Expires My Commission Expires July 16,2013 !-Y$ Procedure for Abandonment of a Public ROW Page 6 488299.vl 09/17/2009 14: 37 SHOPNGO#7 (PAX) 2145217606 P, 001/001 NAYEB FAMILY LP 401 Hwy 78,Wylie,TX 75098 September 17,2009 To: City of Wylie Planning Dept We are requesting the abandonment of the street y(A - adjacent to our property, due to the fact that such street has been closed and there is no public access anymore. Regards, Fawad Nayeb Phone 214 543 8687 Fax 214 521 7606 Email fawadnayeb@sbcglobal.net Application for Abandonment of a Public Right-of- Way/Easement Located: 70 -(-cyt RCUJ ((01 at; EXHIBIT NO. Attached is a copy of the metes and bounds description (dividing the area in half) of the public right-of-way/easement situated in ro) 4 ioocj Addition/Subdivision to the City of Wylie, (ails fl S County, Texas, sought to be abandoned. Procedure for Abandonment of a Public ROW Page 7 488299.vl Application for Abandonment of a Public Right-of- Way/Easement —r Located: S LAbliC Row 1 h1id St. EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. (If the property has not been platted, applicant has six months from date of City Council approval to complete all steps required for purchase of the abandonment and filing a plat or replat with County in accordance with the final plat requirements of the Subdivision Ordinance.) Procedure for Abandonment of a Public ROW Page 8 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: Pdbl°tC ROW --rh\ st. EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Wylie, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. -! P" GAS COMPANY BY: Title I A TELEPHONE COMPANY BY: Title / A- ELECTRIC COMPANY BY: Title Procedure for Abandonment of a Public ROW Page 9 488299.vl Application r Abandonment of a Public Right-of-Way/Easement Located: tl C C')(JJ ' )\YC\ St . EXHIBIT NO. 4 The undersigned, City staff of the City of Wylie, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above pursuant to City ordinances and with respect to present and future needs of the City of Wylie and see no objection to the requested abandonment from the City's standpoint. eLl._ istr_Gti CThIc City Engineer Bu I t ILE 0 , E! Planning Director Fire Marshal Ct-kai Dictfv /i i or of Public S-rvices Procedure for Abandonment of a Public ROW Page 10 488299.vl Application for Abandonment of a Public Right-of- Way/Easement - I �,4 Located: ��b\ ( C To1,C 1 1 1 d st • EXHIBIT NO. 5 The attached letters represents, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. Ni Procedure for Abandonment of a Public ROW Page11 488299,vl EXHIBIT NO. 5 CITY OF WYLIE [DATE] [Name&Address] RE: Abandonment of Right-of-Way Located at: To Whom It May Concern: An abutting property owner of the above referenced public right-of-way has requested that the City abandon said right-of-way/easement. The City Council will consider this request in the near future. If abandoned, the half of the width of the right-of-way/easement will be offered for sale to the owners of abutting properties at the appraised fair market value, in accordance with Ordinance No.2007-XX, Section 2.12 of the Subdivision Regulations of the City of Wylie. County records indicate that you are an owner of property abutting the subject portion of right- of-way/easement.Please complete the questions below, and return this letter to the City of Wylie Planning Department, 2000 Hwy 78N, Wylie, Texas 75098 at your earliest convenience. I do ( ), I do not ( ), agree to the abandonment of the subject right-of-way/easement. If abandoned by the City, I am ( ), I am not ( ), interested in purchase of, at fair market value, that portion of the right-of-way/easement abutting my property. If you do not wish to purchase the offered land, it will be offered to the other abutting property owners. All of the abandoned right-of-way must be purchased by the abutting property owner(s) within six (6) months of City Council approval. Unless the entire area is sold, the right-of- way/easement will not be abandoned. Signature of property owner or authorized agent Procedure for Abandonment of a Public ROW Page 12 488299vI EXHIBIT 6 CERTIFIED APPRAISAL OF THE VALUE OF THE LAND Procedure for Abandonment of a Public ROW Page 13 488299.vl APPRAISAL REPORT PREPARED FOR: CLIENT Nayeb Family LP LENDER/CLIENT: LENDER Nayeb Family LP SUBJECT PROPERTY ADDRESS 3rd St.,Oak St:,and SH-7B R.O.W. CITY Wylie,TX 75150 COUNTY OF Collin APPRAISAL AS OF: DATE September 25,2009 PREPARED BY: APPRAISER David L.Fuller,GAA,CCRA COMPANY Fuller Appraisals File No. Case No. 4388-DH Borrower Nayeb Family LP PropertyAddress 3rd St., Oak St., and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75098 Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 Nayeb Family LP N'inpit Ave TX 751 I{) 521 TRU l'?5,7.4 95I 7606 LeMln: S.212;i.g., A:n111011. HiUff :111ftrai1,n. '11 11Ie tri:n n 0.1F :'nr)elly1, .1 11vc. neel 11Thetenthhilniiii Ouk Whiell Pnps,,,0:1E1 e;..L „,inveA„crez. ice en le:fled:de1iFuflmJ4Hlnin,11;1 111e ien121 112;7,510f ii. RegardI /17,A Znwid Nnyeb / 741c • /22 Oil •-• /• 2 I / ) 1.1'714 t Iif 113,0,4(7S )/ ClickFORMS Appraisal Software 800-622-8727 Page 1 of 18 F File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St, Oak.St, and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75098 Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 I 1 ' k t = . (n I _� y. t , '. ;P/C .„ ) = .t- = 4 r S a 1 I U1 4' r LOGYS ! t C I I T. 't : 9 w' . S t AAA , �e f 4 . . r...�ut.' rr' xfr_•:,3] e " ' s }.r 8 ni+�b;y ` ks nf,fy . 7:, r axr �. iT"¢ 3,6.�. q`s tt p "? " va$s ..u-W >- +.c Tq5 t w,� 4>`�=P + '' fl = STx i 't�titLAo +fi4 A i ,fiyt �t x:,_S „ '� f 1 ?-Y=. ` _ @ Fa ; ( S_ i r r sv ne z ,iw p ; � ;I �"i . r i; tix1tiati ti i r m t dj t.I� � z f Y! i L w t=i ° i ram s? f i :f f { i ,14 1 t Y � , :Tit' . "7.nly- x .:�S. _y Ct4 ,tw o-a i.— a -. I ClickFORMS Appraisal Software 800-622-8727 �Page 2 of 18 Fuller Appraisals LAND APPRAISAL REPORT File . CaseNNo. 4388-DH pf8onower Nayeb Family LP Census Tract 181.22 Map Reference 10.5 HT Property Address 3rd St.,Oak St..and SH-78 R.O.W. p- City Wylie County Collin State TX Zip Code 75098 Legal Description 3rd St Oak St. and SH-78 R.O.W FA Sale Price$ N/A Dale of Sale Current Loan Term N/A yrs. Property Rights Appraised [X I Fee Leasehold I IDe Minimis PUD Iv4jActualReal Estate TaxesS N/A (yr) Loan Charges lobe paid by sellers N/A Other Sales Concessions N/A Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 Occupant Vacant Land Appraiser David L.Fuller,GAA,CCRA Instructions to Appraiser Estimated market value i;;t Location Urban X Suburban Rural Good Avg.Fair Poor rk Built Up Over 75% X 25%to 75% Under 25% Employment Stability El is: Growth Rate I I Fully Dev.ae Rapid X Steady Slow Convenience to Employment ® a � VVT Property Values ®Increasing X Stable Declining Convenience to Shopping ® ® lt 'Demand/Supply Shortage X In Balance Oversupply Convenience to SchoolsFA e Marketing Time i Under 3 Mos, — 3-6 Mos. �Over 6 Mos. Adequacy of Public Transportation Ei Present Land Use 60 %1 Family 3 /02-4 Family 2 56 Apts 2 %Condo 10 %Commercial Recreational Facilities 1101 3 %Industrial 20 %Vacant % Adequacy of Utilities n. S- gz Change In Present Land Use X Not Likely I ILikely)') I I Taking Place(') Property of Compatibility Ell (')From To Protection from Detrimental Conditions El G�Predominate Occupancy — Dwner Tenant 5 %Vacant Police and Fire Protection El _ 'r Single Family Price Range 5 70,000 toy 200,000 Predominant ValueS 150,000 General Appearance of Properties III Y;Single Family Age 15 yrs to 70+yrs. Predominant Age 40 yrs Appeal to Market PA op Comments including those factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,noise) This area has good access to major V roadways and public facilities. .yyy Y'7 Dimensions 9,629 sf per city plat included-calculated = 9,629 SqFt I X IComer Lot HgheZoning st and ificauseC Immerctal l Present use IdX I Otheror r((specify)Hold for future development Present Improvements Xldo I do not conform to zoning regulations Public Other(Describe) OFF SITE IMPROVEMENTS Topo Fairly level a Elec. ElStreet Access n Public I I Private Size Average for the area 0Gas IN Surface Asphalt Shape Irregular Water © Maintenance I X I Public I I Private View Average VI San,Sewer© n Storm Sewer J Curb/Gutter Drainage Adequate 5 yi;, illUnderground Elect.&Tel. I I Sidewalk X Street Lights Is the property located in a HUD Identified Special Flood Hazard Area?I X'Nor Ives TiComments(favorable or unfavorable including any apparent adverse easements,encroachments or other adverse conditions): FEMA panel#48113CO230J,08/23/01 dpilthe subject does not lie within a flood plain. However,only a qualified survey can determine this factor. OP P.‘, `,The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis,The description includes k acfi a dollar adjustment reflecting market reonto those items of significant variation between the subject and comparable properties.If a significant item in the comparable r�.property is superior to or more favorable than the subject property,a minus(-)adjustment is made thus reducing the indicated value of subject:if a significant item in the c, comparable is inferior to or less favorable than the subject property,a plus(+)adjustment is made thus increasing the indicated value of the subject. 14,4 I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE N0.2 COMPARABLE NO.3 AM Address 3rd SI.,Oak St.,and sH-7a a.o.w. 1st,2nd,&Marble St.R.O.W. Corner 1st&Jefferson 0.7 Acre Ballard&2nd at SH-78 (��l Wylie,TX 75150 Wylie Wylie Wylie Cry Proximity to Subject 0.5 1 mile Northeast 6 7 blocks Northwest 2-3 blocks West Sales Price S N/A IS 180 IS 6.67 S 4.65 `"{Price/ $ N/A IS 90000 IS 100,000 l5 347,685 ,m Data Source Tax/Owner/Inspect Verified by GranteeN�1 MLS#10742699 Verified by Grantor t`r Date of Sale and DESCRIPTION DESCRIPTION Adament DESCRIPTION Adiildtment DESCRIPTION Adldtlssent ,:O Time Adjustment Current 05/08 04/07 06/06 ?m'3 h Location Average Equal Superior -2.67 Equal SiteMew 9,629 SqFt 62,221.10 Sqft 14,988 sqft 31,972 Sqft Zoning/Use CC-Commercial PD Commercial DTH-Commercial Utilities Available Available Available Available j+YiShape/Use Irregular Equal Rectangular Equal jy Utility of Use Conc.Paved/Superior -0.54 Conc.Paved/Supeder -2.33 Superior -3.02 t Sales or Financing kt Concessions rk 'Net Ad'(Total) I I Plus I X Minus 5 -0.54 I 'Plus I X IMinus' S -5.00 I IPlusl Xl Minus S -3.02 Indicated Value Net=-3086 Net—75% Net 65°is i'0fSubject Gross=30% S 1.26 Grass 75% . $ 1.67 Gross=65% $ 1.63 n Comments on Market Data Each of the comparables were considered to be similar to the sujbect in terms of location,use,and basic size and are in the subject's marketing area.Equal weight was placed on all the comparables in order to determine a final estimate of value for the subject I.€s property. Vat Comments and Conditions of Appraisal: The subject is appraised"As Is".No special conditions are noted with regard to this property. The subject is P9 considered to be vacant land. Final Reconciliation: Only a Sales Comparable approach was applied as the subject as it is vacant land. The subject is a R.O.W.owned by the 44j City of Wylie.We are estimating a value of$1.50/sq ft for the subject. Thus,$1.50 x 9,629 sq ft = 514,443.50 or $14,500-00(rnd). ESTIMATE THE MARKET VALUE,AS DEFINED,OF SUBJECT PROPERTY AS OF September 25 2009, to bey ^" 1A 500 00 f° .„ ...,...--,-‘,---L--__,._ Review Appraiser(if applicable) „± a 3v— ,yam, Appraiser(s .�.a s-=sS,' r" .> , Did 7 De Not Physically, �v~rv'-- Y { -'` r rrn. David L.Fuller,GAA,CCRA -f Inspect Property Duane Hogan-FIELD APPRAISER,CRRA Mkate Report Signed October 1,2009 Date Report Signed September 25,2009 1=`Stale Cemfication4 1320771-G State TX State Certification 4 TX-1336094-R State TX h54. 4\lOr State License# Stale Cr State License 7! State : Expiration Data of Licenseor Certification 05/31/11 Expiration Date of License or Certification 04/30/10 ClickFORMS Appraisal Software 800-622-8727 Page 3 of 18 Fuller Appraisals COMMENT ADDENDUM File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St., and SH-78 R.O.W. City Wylie County Collin State TX Zip Code Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 COMMENTS ON THE NEIGHBORHOOD: The subject site lies at the intersection of 3rd and Oak and extends to SH-78. It is an R.O.W.which was originally part.of 3rd St.,but was barricaded off during the widening project of SH-78 a few years previously. This area is just a few blocks Southeast of the"downtown"area of Wylie.The downtown area has multiple commercial properties, many of which are "historic"type bldgs. Along the SH-78 corridor are generally fairly new commercial and retail properties.To the South of the subject are residential properties generally more than 60 years in age but less than 1 mile to the Southeast are some areas of residential properties which are generally less than 15 years in age and valued from the:mid$100,000's to the mid$200,000's. COMMENTS ON THE SUBJECT: The subject site is vacant land, being fairly rectangular on 3 sides but"slanted"at the SH-78 corridor. The subject is a R.O.W. which was formerly a portion of 3rd St. but barricaded at Oak St.According to the plat map provided by the City of Wylie Planning Dept.,the subject is approx. 70'wide. There is an approx.35'wide street of asphalt on the site which does not extend to SH-78. COMMENTS ON THE COMPARABLES: These are the most similar sales we found in the past 48 months. Sales 1 &3 are deemed similar in location to the subject, while Sale 2 is deemed superior as it was an almost square site on a pure corner just off Ballard in downtown Wylie,and has almost 250'frontage total on the 2 streets. Sales 1 &2 are deemed superior in utility of use as they had superior amounts of concrete paving than the subject's asphalt paving. Sale 3 is also deemed superior in utility of use as its larger size allows for a greater variety of development uses than does the subject. ClickFORMS Appraisal Software 800-622-8727 Page 5 of 18 G File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St., Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75048 Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas, TX 75219 t 1 TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD I 1 BE IT KNOWN THAT tAVIIIt L FULLER HAVING PROVIDED SATISFACTORY EVIDENCE OF THE OUALIFTCATTONS REQUIRED 1 BY THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT, '' TEXAS OCCUPATIONS CODE,CHAPTER 1103, 98y IS AUTHORIZED TO USE THE TITLE STATE CERTTIFIE IIP GENERAL i'EAL ESTATE APPRAISER Number: TX-1320771-G Date of Issue: April 8, 2009 d x Date of Expiration: May 31, 2011 47,;MAy`e, x+r;. e In Witness Thereof n 'pv,ni,.'p7Mv`:zz, its 15 a J�„+' 7,2; ,.-- �, t `i'} *r Lelin)am P.Sayers,Choir 'i 1 rJW � ge }V\IC `/ �f, lit / £ �*tam r"=Lri ail ,?-!1p Glic c,-ri r.�'.+�1 ht xy.r1ts Loretta Denwy,A j1ng Commissioner '' a Clinton P.Sayers,Chair James(Jamie)B.Ratliff,Vice Chair Mark A.VIc.4nally,$ecretaty, Robert D.Doris,Jr. Lois F.De La Garza,Jr. Larry D.Koltel Danny R.Perkins Bill F.Schneider Donna L.Walz ClickFORMS Appraisal Software 800-622-8727 Page 6 of 18 0 File No. Case No. 4388-DH Borrower Nayeb Family LP PropertyAddress 3rd St.,Oak St., and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75098 Lender/Client Nayeb Family LP Address 4331 Maple Aye. Dallas,TX 75219 0g 1 - Ckl � R irt i 1 TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD s BE IT KNOWN THAT SAMUEL "s11UANE HGGAN HAVING PROT-WED SATISFACTORY EVIDENCE OF THE QUALIFICATIONS REQUIRED BY THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT, TEXAS OCCUPATIONS CODE,CHAPTER 1103, IS AUTHORIZED TO USE THE TITLE STATE CERTIFIED RESIDENTIAL REAL ESTATE A,''PRAISER Number: TX-1336094-R I Date of issue: April 28, 2008 i ' ;" Date of Expiration: April 30, 2010 In Witness Thereof atiCe 0 ,—eyr }dkric, ' din 2linton P.Sayers,Chair e. fistilalt% + \ \ tintmthy K.Irvine.Commissioner flue.(,:'. Clinton P.Sayers,Chair James B.Ratliff.Vice-Chair Mark A.McAnally,Secretary Malcolm J.Denson William A.Faulk,Jr. Larry D.Molcel I Dona S.Scurry Shirley J.Ward ClickFORMS Appraisal Software 800-622-8727 Page 7 of 18 r Regional Map File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St., Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75048 Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 ti:`r +a Ptc'pei I icKuilnev P lncemn tittle Elm it-Col mh a .. F hF ,Lake • ', ohia Cclonl '.y -`�• ` Ln'tn=,nle , [7 <` SL BJECS fi F s+e t isnnU � Q Hebron ;Sheldon S Copped CalaLtan t++ I 'L ° :. � .'. 9 ..aatcharU,an .� ,Pieasalit Vanw: ,Budangharn Pa RVCravali� ,- Pad-nets'Bla and) �:. y �Y. GeilanU Ca or +"�� t 11111� Chapel 7 4 Z ' P a,.;.q ^ r Lnkel Parke' . .P — ,Hleltlanu Peck l Dallas O t3 Bland 7tam= .. Q d t "`'a Eon pa^ca ,: _ .,Cocl ell Hill j;f aSaigent . e. 0 *Lakeland H Igi3 r+ C3 `'y • Balch Splines 11 � Lahe.i=u t2 rl C D mcenvlle a/.vI Bat-f Humhin, x,, 5=ezo, le S% Ciandali a.,.. Shannoch ro Cedes Sid • a De Sops Lanceeles #y,1line' ( Combine a(bSbOita II MI Data use ubje:t to l D e }f�rll .. 1111 . . :•;;Deiornoe Jesnfnle Streat Atlast1 A'i2flhy J i2 5 _ _ a 5 djonlle.cam III -2 = Date Zoom 9-3 ClickFORMS Appraisal Software:800-622-8727 Page 8 of 18 G Location &Sales Map File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75048 Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 4 I 5 S-F lc S = t COR\ER 1ST&JEFFERSON z 2/ -r- ' l} ` _ I 1! _ 1ST.2ND.Bc MARBLE R.O.W. - r- t SUBJECT_ s - S []3'10.7 ACRE.BALLARD& 2ND AT SA-73 T 20 E. 0 r. r r o ' X MI. - , MIft loa ti3e sublectt IG_ense ,} .-3e_orni De-oire Street Atlas Ac 2Jin 0 140 230 420 560 700 ...�t..dalo Ric r i nr U'i i4 0`E} {tale Znem 13 ClickFORMS Appraisal Software 800-622-8727 Page 9 of 18 l)1 Fuller Appraisals FLOOD MAP ADDENDUM File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75048 Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 t Prepared for: Fuller Appraisals InterFlood www.incerflood.com•1.800.252-6633- ywclie-TX 75098 1 1 / EL-;'—, r c ul l lv cuc vn ' r VIC 0 t'ORIORAI'LI) � //'''" Rt CS O LL ZONE A G s, j 140I3u z . p ZONE/ Cr IL m ' rr �a� � H ;m-u,a .. tit bil,�'` > 1I it °I 8 o (“3,>. ' 1,?,, ZONE V u, 1� .ii 5 ZONE X Rnsh['n 1� �+-.._� - J.. �;y, _._�_ _ Tributary a Ag 'PoC'.iLC3 Pea UNC} _ i -- 1 ZONE X w.TO ,£I ,- �( Y p �,1 II „ ev t,:�cE ` EB N •iry r 1 , rt�i - ' r _. t t -"I !A ; ZONE r �r I A f �. { � 1-- t b C• �` f�:`•y -- � ZONE Xi 1 ninny f .._", 'i — " ,t Lf ) �` '1/4 Br yg ice, f f` __ ` _limb Gr ddtibrdnrl it as- '£ '° rc Yi FL000SCAPE `+ % � qr{ CI'Y y,ri Rood Hazards Map i- x / Map Hunter ariLi!v LC>ZeJ Ifni u,ce=r ytp.,e7 !i E-retFi a Date ' 1 5 A n < <CC3 1 �� L -/ __�31 r sae: r c¢ r r j �� x •lirn \Jr� } -.."*.fie 1 — " \ \ I CITY ' tL-+]Ca f _ tiCR rCn I .I 1r1. CO_L !. i ° � -' ' - t AP( 3 e - ,fin; 2 o' I 1 .._ JOINS PANEL 0535 11 _ ClickFORMS Appraisal Software 800-622-8727 Page 10 of 18 131 Fuller Appraisals SUBJECT PHOTO ADDENDUM File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-76 R.O.W. City Wylie County Collin Stale TX Zip Code 75150 Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 9,. p, y � $` Subject r' 8'-'. . " „ p r• Y ' la d5. "M {* OCWW 1 lw' v Y Q t r A x x A� M a r .� > z d+f,. 0:;: iikr t r v p0N y,d --;;;;A;;;; l os: 1 .z , qkgy1 d t £ '� fe ttt" iqgaiiiRLOilie3itt moniwslitiatAmAntstmIgsAalwawl .aa* r „4 f r " S . v4 1 �M s ' '0 r! ' vw� a4w0 44 004 xu 1011> d1 i� t,,v iew ,i Rtera4 Yv 4 a. .5 3rv � 4r £ a Alk. k ` k * ',�`° ` %t m ,t �.tiU c� r S ;t . L �,;Y 4 -ov Ya. n, ._...,'j e „3..,'r z . ,,. :t?r`.rsvr r..�.k4ia;;; & i4 7 7M #,££i £ 3 e3ji*.xl i f tir r ii i,,� t *r;0*SS Subject a gyp yl� v 3sP ,t a,FRc. a A ` .It 1s E F°" k'. :: iknbrill ° ` °revs t4j , .," �r^ a ., ..., a.nd 'mk.1-v2iir £,' .,,u ' .i u. 's £ . ''4*-4 ,,g mom+- i •.. A ,?aks'akii mad „*,;:.: ,�'+ "'^# ;tom -: x•rv*,; fi „ " R n ;; r 1 i1n"r\ ca , , n SH-78-West x c k 8^ c . t a £. l £ WP,,N,...,„„. q,j;,w,.,,,.*Tic-,14t.?„ ,,, zs:40'Sill,.",l.ff.l.51.l:Pln..kk;54T8'fAll.TllM5S588.lTAlllf:ufflffll:fltfalsajltfpfl`A ClickFORMS Appraisal Software 800-622-8727 Page 11 of 18 �l Fuller Appraisals SUBJECT PHOTO ADDENDUM File No. Case No. 4388-OH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 78158 iitiii Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 ! �, 2 `� r SH-78-East iiiiiiiiteatitantAikeitti ititiiiNitnitiiiiiiiieWitetatiii4i iit.ei M re+ "' y 3 R ea 64. °v kx � _ { " 4S a rG.T'c&Te...;: 2t 9 1t is.} 5.,. q 'xit'ro5 w0 a ' _. ..._.�_. �.._,_. Area • 11041 .'wix Y 11 `tUf 1 -.p 5,.ie. 8 1 p° 9444 R 4 xS:.Y �ti' 5. {, } lc c C11 ela•i:''' %,•i Y" v $e4 i�3y i4%0 ,ty x 5 nh d,"IX. 4a i.4 <xv-:, 'ee 5 v v#^k*s x'R y a ti4 :'' `e y , r v ., a +. «.« h. {„ p+ - -- 3rd St.-South 'k i,:i n� ip iM xq ., N `ei Y fVd 7 h•! e ,, e ti Ir I a E � t �,�a,�` p y, ° =x f 5 uv.s�`"5"'"m.T+"rsd"nw"l'SSy`.'."�Awvp..praisaSl 8-62 2-87.e wyy try + " ' alY .,2 7 Page 12 of 18��ti11"" am we 'u Y^"tev. , . Software 88tiE' x�eC# ClickFORM Fuller Appraisals SUBJECT PHOTO ADDENDUM File No. Case No. 4388-DH Borrower Nayeb Family LP Properly Address 3rd St.,Oak St.,and SH-78 R.O.W. Cily Wylie Courtly Collin State TX Zip Code 75098 Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 wi' isk'i3"gc1 rt9991-irr9 i' `Fz st{}�c 3`y 1t..�2 1r<ka' Y U iYxrc;. Yl y tit{ $S ry9i A'y-�`"$ Area Y j1".i <»ltfir#kiidiaa}Lds G ,,i1 S i 1,� 4 4 °k i Y d l tt tr $ tY 4.M1 91i49r£0 Y1k„ r?tx i$1$ t x Y 1` i r fit the r Y{ i �3Ylu 1� °Mm GtT li 1 t wil d I J} MY ,Z....4t� �ry8�% I I�ggillt, . �;u yy $ di fro."vi$..-`�..ilii t T vu ...e., •` •• 'K' i'Y, }ra i,li�p31r » w, { ,t a Y. i s Y Y Y of t . , 4;: ..: rtU>vtr«rrm,,,I Yji� :�. e^wi:..wca o-.� "rvo...,.... .M."�. 3."n::.:n uNtaMvwL i:.v�`?• ,,.., z?<?. y yy — xt a., Oak St-East G�� v x k+TM 5t'L:r + y»a x„ a M»" q »Y:tip) ♦ iiiiyl t p / •4: »r• % t1 Yam+ yf .;44;4,,t Y(... `� LTV \11�: M 1+'x wow • {'.,5 " ^RY r 3 y j 5'"Yr»re�*ew"N+1Y$8 vd .1 rw9 r `Ivrr X.Yt +^�Yr i aww• wn' "y..',yq, . ..r "i i" " y 'r+MWr 1tiw . w'r " .w ClickFORMS Appraisal Software 800-622-8727 Page 13 of 16 r Fuller Appraisals COMPARABLES 1-2-3 He No. Case Na 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code LenderIClient Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 ra i COMPARABLE SALE# 1 ' 3q' ! 1st,2nd,&Marble St.R.O.W. -t: l; Wylie "aaG ya v`?f2A". - - - . ..a.+suy • ICOMPARABLE SALE# 2 ' $,p4 ; s� r k ' )+p 0..'kgF�, t tti pc Corner let&Jefferson � rF"i rl .�14 @;" ( Wylie J dR 1,u1 P,rr�w 1 it 'fir ,kto {t 5 M. f • 3. (t' t o ef 1 sue- .'."" 04 • pp k ,. Y '",:' 't4km" .. P". cMA#;^r�"rflei:r' ' :' COMPARABLE SALE# 3 0.7 Acre Ballard&2nd at SH-78 Wylie P `�Rbyf 5 Y 1 krt ` '" ? rtc.t- Ln"4?La T > �ak' r W S 53 i t ( } t i J x J ry n srn r R�*,pl y4 o �;* °L 'x mh3; ' 4. ti p..,..k i wa, rn, ,e.-d , , c ClickFORMS Appraisal Software 600-622-8727 Page 14 of 18 F8 Fuller Appraisals File No. Case No, 4388-DH This appraisal report is subject to the scope of work,intended use,intended user,definition of market value,statement of assumptions and limiting conditions,and certifications.The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal,including the following definition of market value,statement of assumptions and limiting conditions,and certifications.The appraiser must,at a minimum:(1)perform a complete visual inspection of the subject property, (2)inspect the neighborhood,(3)inspect each of the comparable sales from at least the street,(4)research,verity,and analyze data from reliable public and/or private sources,and(5)report his or her analysis,opinions,and conclusions in this appraisal report, INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER:The intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus.Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby;(I)buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he or she considers his or her own best interest;(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions'granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions.No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area;these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraisers judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1.The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it,except for information that he or she became aware of during the research involved in performing this appraisal.The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2.The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources)and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area.Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination, 3.The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand,or as otherwise required by law. 4.The appraiser has noted in this appraisal report any adverse conditions(such as the presence of hazardous wastes,toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal.Unless otherwise stated in this appraisal report,the appraiser has no knowledge of any hidden or unapparent deficiencies or adverse conditions of the property(such as,but not limited to,the presence of hazardous wastes, toxic substances,adverse environmental conditions,etc.)that would make the property less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties,express or implied.The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards,this appraisal report must not be considered as an environmental assessment of the property. 5.If the appraiser has based his or her appraisal report and valuation conclusion for an appraisal subject to certain conditions,it is assumed that the conditions will be met in a satisfactory manner. ClickFORMS Appraisal Software 800-622-8727 Page 16 of 18 rn Fuller Appraisals File No. Case No. 4388-DH APPRAISER'S CERTIFICATION:The Appraiser certifies and agrees that: 1.I have,at a minimum,developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report, 2 I performed a complete visual inspection of the subject property,I reported the site characteristics in factual,specific terms. 3.1 performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4.I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value.I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. 5.I researched,verified,analyzed,and reported on any current agreement for sale for the subject property,any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal,and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal,unless otherwise indicated in this report. 6.I researched,verified,analyzed,and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale,unless otherwise indicated in this report, 7.I selected and used comparable sales that are locationally,physically,and functionally the most similar to the subject property. 8.I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 9.I verified,from a disinterested source,all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 10.I have knowledge and experience in appraising this type of property in this market area. 11.I am aware of,and have access to,the necessary and appropriate public and private data sources,such as multiple listing services,tax assessment records,public land records and other such data sources for the area in which the property is located. 12.I obtained the information,estimates,and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 13.I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood,subject property,and the proximity of the subject property to adverse influences in the development of my opinion of market value.I have noted in this appraisal report any adverse conditions(such as,but not limited to,the presence of hazardous wastes,toxic substances, adverse environmental conditions,etc.)observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal.I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property, 14.I have not knowingly withheld any significant information from this appraisal report and,to the best of my knowledge,all statements and information in this appraisal report are true and correct. 15.I stated in this appraisal report my own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the assumptions and limiting conditions in this appraisal report. 16.I have no present or prospective interest in the property that is the subject of this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction.I did not base,either partially or completely,my analysis and/or opinion of market value in this appraisal report on the race,color,religion,sex,age,marital status,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 17.My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding,written or otherwise,that I would report(or present analysis supporting)a predetermined specific value,a predetermined minimum value,a range or direction in value,a value that favors the cause of any party,or the attainment of a specific result or occurrence of a specific subsequent event(such as approval of a pending mortgage loan application). 18.I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report.If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report.I have named such individual(s)and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in this appraisal report;therefore,any change made to this appraisal is unauthorized and I will take no responsibility for it. 19.I identified the lender/client in this appraisal report who is the individual,organization,or agent for the organization that ordered and will receive this appraisal report. 20.The lender/client may disclose or distribute this appraisal report to:the borrower;another lender at the request of the borrower; the mortgagee or its successors and assigns;mortgage insurers;government sponsored enterprises;other secondary market participants;data collection or reporting services;professional appraisal organizations;any department agency,or instrumentality of the United States;and any state,the District of Columbia,or other jurisdictions;without having to obtain the appraiser's or supervisory appraiser's(if applicable)consent.Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party(including,but not limited to,the public through advertising,public relations,news,sales,or other media). ClickFORMS Appraisal Software 800-622-8727 Page 17 of 18 ld Fuller Appraisals File No. Case No. 4388-DH 21.I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations,Further,I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 22.If this appraisal report was transmitted as an"electronic record"containing my"electronic signature,"as those terms are defined in applicable federal and/or state laws(excluding audio and video recordings),or a facsimile transmission of this appraisal report containing a copy or representation of my signature,the appraisal report shall be as effective,enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1.I directly supervised the appraiser for this appraisal assignment,have read the appraisal report,and agree with the appraiser's analysis,opinions,statements,conclusions,and the appraisers certification. 2.1 accept full responsibility for the contents of this appraisal report including,but not limited to,the appraiser's analysis,opinions, statements,conclusions,and the appraisers certification. 3.The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser(or the appraisal firm),is qualified to perform this appraisal,and is acceptable to perform this appraisal under the applicable state law. 4.This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5.If this appraisal report was transmitted as an"electronic record"containing my"electronic signature,"as those terms are defined In applicable federal and/or state taws(excluding audio and video recordings),or a facsimile transmission of this appraisal report containing a copy or representation of my signature,the appraisal report shall be as effective,enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER SUPERVISORY APPRAISER(ONLY IF REQUIRED) 1nx. Signature4/�'...*'. "=1 ".` Name David L.Fuller,GAA,CCRA• Name Duane Hogan-FIELD APPRAISER,CRRA Company Name Fuller Appraisals Company Name Company Address 703 W.Ave.D Company Address Garland,TX 75040 Telephone Number 972/271-2507 Telephone Number Email Address fullapp@earthlink.net Email Address Date of Signature and Report October 1,2009 Date of Signature October 1,2009 Effective Date of Appraisal September 25,2009 State Certification# TX-1336094-R State Certification# 1320771-G or State License# or State License# State TX or Other(describe) State# Expiration Date of Certification or License 04/30/10 State TX Expiration Date of Certification or License 05/31/11 SUBJECT PROPERTY ADDRESS OF PROPERTY APPRAISED _ 3rd St.,Oak St.,and SH-78 R.O.W. Did not inspect subject property Wylie,TX 75150 _Did inspect exterior of subject property from street Date of Inspection APPRAISED VALUE OF SUBJECT PROPERTY$ 14,500.00 E Did inspect interior and exterior of subject property LENDER/CLIENT Date of Inspection September 25,2009 Name Company Name Nayeb Family LP COMPARABLE SALES Company Address 4331 Maple Ave.Dallas @Did not inspect exterior of comparable sales from street TX 75219 Did inspect exterior of comparable sales from street Email Address Date of Inspection September 25,2009 ClickFORMS Appraisal Software 800-622-8727 Page 18. of 18 RELEASE OF CLAIMS In consideration of the abandonment of the northern seventy feet (70') of right-of-way which is a part of the Railroad Wylie Addition and adjacent to Lot 37 of Block 16, and Dollar General Addition, Lot 2 of Block A of the Original Town of Wylie, according to the Plat thereof recorded in Volume 5872, Page 1536, of the Deed Records of Collin County, Texas, as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Right-of-Way"), the receipt and sufficiency of which is hereby acknowledged, we, c:cA.us c U I\l C1 t17 release any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, which we may possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to our execution of this document, relating in any way to the Right-of-Way. We are fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that the claims released above are currently owned solely by us, ccCrvv c.,r` tiloyrEj , free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. We further represent and warrant that we have the right to compromise and settle the claims and any other claims that could have been asserted by us which relate in any way to the Right-of-Way, We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties' respective legal heirs, successors and assigns. Should any portion (word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. /o/6/d 9 In witness whereof, we have executed this Release on the 6 At- of O c 7 , 2009. /''� , 41, Procedure for Abandonment of a Public ROW Page 15 488299.v1 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF C U4/RI § Before ne, the undersigned authority, on this day personally appeared /4amnD NAyeA , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. //))�� Given under my hand and seal of office on this the 1p/�day of ( daffeR 200q in* `yea GAYmi CommWALission Ex /f Z� My Commission Expires lW July 16,2ot8 Notary Public tate of Texas My Col nisst n Expires: 740a0i2 STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 200 Notary Public, State of Texas My Commission Expires: Procedure for Abandonment of a Public ROW Page 16 488299 vl EXHIBIT"A" THIRD STREET ABANDONMENT FIELD NOTES BEING a 0.1976 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie,Collin County,Texas and being part of Third Street,a 70 ft. right-of-way, as shown on the Railroad Addition,an addition to the City of Wylie, as recorded in Volume 77, Page 494,Deed Records, Collin County, Texas,said 0.1976 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the northwest corner of Lot 2,Block A,Dollar General Addition, an addition to the City of Wylie, as recorded in CabinetK,Page 900,Plat Records, Collin County, Texas,said corner being in the southeast right-of-way line of State Highway 78, a 110 ft.right-of-way at this point; THENCE South, with the east right-of-way line of said Third Street and the west boundary line of said Lot 2, a distance of 150.98 feet to a 1/2-inch iron rod found for the southwest corner of said Lot 2,said comer being the intersection east right-of-way line of said Third Street and the north right-of-way line of Oak Street, a 70 ft.right-of-way; THENCE West,with the north right-of-way line of said Oak Street,a distance of 70.00 feet to the southeast corner of Lot 37,Block 16 of said Railroad Addition, said corner being the intersection north right-of-way line of said Oak Street and the west right-of-way line of said Third Street; THENCE North,with the west right-of-way line of said Third Street and the east boundary line of said Lot 37, a distance of 94.91 feet to a point for corner in the southeast boundary line of said State Highway 78; THENCE North 51 degrees 18 minutes 17 seconds East, with the southeast right-of-way line of said State Highway 78, a distance of 89.69 feet to the POINT OF BEGINNING AND CONTAINING 8,606 square feet or 0.1976 acre of land. Z:\PROJECTS\Named Projects\Wylie-Dollar General Addition\dots\Field Notes\LD Third Street.doc 11 // / II / / / / / / let / / / S'SV" C. / / / POINT OF / / BEGINNINGS / / O 1/2' I.R.F. / \le OD LOT 1 0 CE LOT 2, BLOCK A BLOCK A / in DOLLAR GENERAL ADDITION / — CAB. K, PG. 900 to; P.R.C.C.T. / rn THIRD STREET F. / 8,606 SQ, FT, a /LOT 37, BLOCK 16 = 0.1976 AC. (//RAILROAD ADDITION ix / VOL. 77, PG. 494 0 / D.R.C.C.T. ZO ..... .. ......_01/2' I.R.F. WEST 70.00' OAK STREET (70' R.O.W.) Lai RAILROAD ADDITION o I RAILROAD ADDITION I R I LOT 1 -J VOL. 77, PG. 494 Ca VOL. 77, PG. 494 Q .0 I D.R:G.C.T. I /X v I D.R.C.C.T. N EXHIBIT "B" EXHIBIT STREET ABANDONMENT PA\ 60 30 0 60 FRANCISCO DE LA PINA SURVEY, A-688 �, CITY OF WYLIE SCALE IN FEET COLLIN COUNTY, TEXAS 1" = 60' ENGINEERING CONCEPTS & DESIGN, L.P. ENGINEERING /PROJECT MANAGEMENT /CONSTRUCTION SERVICES Basis of bearing being North for the west boundary line of 2801 CAPITAL STREET, WYLIE, TEXAS 75098 plat recorded in Cabinet K, Page 900, P.R.C.C.T. PHONE:(972) 941-8400 (972) 941-8401 FAX DATE: OCTOBER 21, 2009 Named Projects\Wyile - Dollar General Addition\Abandonment Exhibitdwg Wylie City Council AGENDA REPORT Meeting Date: January 13,2015 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 15, 2014 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2015-02, amending Planned Development 2006-55 (PD-2006-55) , Section IV Specific Regulations to allow no more than 2 garage doors to face the street, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located west of F.M. 544, south of Alanis Drive. ZC 2014-11 Recommendation Motion to approve, amending Planned Development 2006-55 (PD-2006-55) , Section IV Specific Regulations to allow no more than 2 garage doors to face the street, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located west of F.M. 544, south of Alanis Drive. ZC 2014-11 Discussion Owner: The Skorburg Company Applicant: Ryan Joyce,The Skorburg Company Zoning Case 2014-11 requires an Ordinance to amend the zoning accordingly in the Official Zoning Map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause,and an effective date. The subject tract was part of a Planned Development adopted August 22, 2006 in order to develop a master planned residential community. A Final Plat for phase 1 was approved in 2013 and created 52 single-family residential lots and one open space lot. The intent of the amendment is to modify the regulations of garage doors facing a public street. Exhibits A (Legal Description), and B (Specific Regulations) are included and made a part of this Ordinance. (Rev 01/2014) Page 1 of I ORDINANCE NO. 2015-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2014-11, FROM PLANNED DEVELOPMENT (PD-2006-55) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT — TO MODIFY THE PD CONDITIONS TO ALLOW NO MORE THAN 2 GARAGE DOORS TO FACE THE STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (PD Conditions) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in. conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2015-02 Amending Planned Development 2006-55 (PD-2006-55),Section IV Specific Regulations Allow no more than 2 garage doors to face the street SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of January, 2015. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: ,in the Ordinance No.2015-02 Amending Planned Development 2006-55 (PD-2006-55),Section IV Specific Regulations Allow no more than 2 garage doors to face the street Exhibit"A" Legal Description Being a 61.26 acre tract of land located in the Allen Atterbenry Survey,Abstract No.23, and a portion part of a called 86.6 acre tract described to S.H.Hood,as recorded in Volume 291,Page 167,Collin County Deed Records(C.C.D.R),and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line os said Allen Atterbeny Survey,the North line of the D.W.Williams Survey,Abstract No.980, the Northeast corner of a tract of land described to Thelma Rice,as recorded in Volume 561,Page 266,C.C.D.R.,the Southeast corner of a tract of land recorded to Tommy& Toni Pulliam,as recorded in Volume 4590,Page 1895,C.C.D.R.,and the West right-of- way line of F.M. 544(90'ROW),as recorded in Volume 568,Page 21,C.C.D.R; THENCE North 89 degrees 32 minutes 50 seconds West,along the South line of said Atterbeny Survey and the North line of said Williams Survey,a distance of 648.87 feet to a 518 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pulliam tract; THENCE North 89 degrees 32 minutes 50 seconds West,continuing along the South line of said Atterberry Survey and the North line of said Williams Survey,the North line of said Rice tract,the North line of a tract of land described to Darlene R.Ceilley,as recorded in Volume 4977,Page 504,C.CD.R,North line of a tract of land described to Edwin W.Klingbeil,as recorded in Volume 4977,Page 504,C.C.D.R.,and the North line of a tract of land described to Robert L.Klingbeil,as recorded in Volume 5250,Page 3809,C.C.D.R.,a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision,as recorded in Volume 5588,Page 3164,Collin County Plat Records,and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East,leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision,and the South line of a tract of land described to Steven Combest,as recorded in Volume 3743,Page 219,C.C.D.R,marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East,along the south lines of said Combest tract,a tract of land described to Jesse Candenas,as recorded in Volume 4871, Page 1327,C.C.D.R,a tract of land described to Martha Sheppard,as recorded in Plat Book 84,Page 338,C.C.D.R.,a tract of land described to Terry and Casaundra Carlisle, as recorded in Volume 3011,Page 202,C.C.D.R.,a tract of land described to James Heintz,as recorded in Volume 5400,Page 2520,C.C.D.R.,a tract of land described to Billy D.Duncan,a tract of land described to James&Donna Trevino,as recorded in Volume 4501,Page 1617,C.C.D.R.,a tract of land described to Sandra Benton,as recorded in Volume 4761,Page 1510,C.C.D.R.,a tract of land described to Close Family Living Trust,as recorded in Volume 5249,Page 5919,C.C.D.R., a tract of land described to Sam Terry,a tract of land described to David&Julie Black,as recorded in 94-0063489,C.C.D.R.,and a tract of land described to Merle&Sheri Little,as recorded in 93-0080940,C.C.D.R.,a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree,being the Northwest corner of a tract of land described to Brent& Beverly Bates,as recorded in 96-0018275,C.C.D.R,for the North Northeast corner of the herein described tract; THENCE South 02 degrees 39 minutes 12 seconds East,along the west line of said Bates tract,a distance of 331.53 feet to a set 1/2 inch diameter iron rod with cap stamped"TRI- TECH"being the Southwest corner of said Bates tract and an interior corner of the herein described tract; THENCE South 89 degrees 27 minutes 31 seconds East,along the south line of Said Bates tract,a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-TECH"being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M.544,marking the East Northeast corner of the herein described tract; THENCE South 02 degrees 37 minutes 38 seconds East,along the West right-of-way line of said F.M.544,a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East,conning along the West right- of-way line of said FM 544,a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pulliam tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West,leaving said right-of-way and along the North line of said Pulliam tract,a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest corner of said Pulliam tract and an interior corner of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West,along the West line of said Pulliam tract,a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. I Exhibit"B" Request change in Exhibit"B"of Ordinance No. 2005-24,Zoning Case 2005-13, IV.Specific Regulations: 3.Alleys shall not be required as part of this Planned Development. However,no garages shall face the street in front of each Single family Lot.This can be accomplished either through swing driveways or alleys.However,when three car garages are constructed on a lot and a "2&1" configuration is used,the single car door may face the street. Garages may face the street on a corner lot side yard. Requested addition of the following under IV. Specific Regulations:, 3. However,when four or five car garages are constructed on a lot there may be no more than 2 garage doors facing the street in either a "3&2"configuration or a "2&2" configuration.A"3&1"configuration shall also be acceptable in the construction of a four car garage.All garage doors that face the street shall contain an architectural upgraded door with decorative door hardware. Wylie City Council tietztii AGENDA REPORT Meeting Date: January 13,2015 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 2, 2015 Budgeted Amount: Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2015-03, amending Planned Development 2005-24 (PD-2005-24) Braddock Place IV, Section IV Specific Regulations to allow no more than a two car garage door(s) to face the street on lots less than 12,000 s.f.; and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located south of Elm Drive and west of FM 544. ZC 2014-12 Recommendation Motion to approve, amending Planned Development 2005-24 (PD-2005-24) Braddock Place IV, Section IV Specific Regulations to allow no more than a two car garage door(s) to face the street on lots less than 12,000 s.f.; and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located south of Elm Drive and west of FM 544. ZC 2014-12 Discussion Owner: The Skorburg Company Applicant: Ryan Joyce,The Skorburg Company Zoning Case 2014-12 requires an Ordinance to amend the zoning accordingly in the Official Zoning Map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause,and an effective date. The subject tract was part of a Planned Development adopted July 26, 2005 in order to develop a master planned residential community. The Final Plat for Phase IV was approved in 2013 and created 77 single-family residential lots. The amendment allows no more than a two car garage door(s) to face a public street on lots less than 12,000 s.f.; and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware. Exhibits A (Legal Description), B (Specific Regulations), and Exhibit C (Final Plat) are included and made a part of this Ordinance. (Rev 01/2014) Page 1 of 1 ORDINANCE NO. 2015-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2014-12, FROM PLANNED DEVELOPMENT (PD-2005-24) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT — TO MODIFY THE PD CONDITIONS TO ALLOW NO MORE THAN A TWO CAR GARAGE DOOR(S) TO FACE THE STREET ON LOTS LESS THAN 12,000 SQUARE FEET, AND THAT ALL 2:2 OR 3:2 CONFIGURATIONS MUST BE ARCHITECTURAL UPGRADED DOORS WITH DECORATIVE HARDWARE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (Specific Regulations), Exhibit "C" (Final Plat) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Ordinance No.2015-03 Amending Planned Development Braddock Place IV No more than a two car garage door(s)to face the street on lots less than 12,000 s.f SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of January, 2015. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Ordinance No.2015-03 Amending Planned Development Braddock Place IV No more than a two car garage door(s)to face the street on lots less than 12,000 s.f Continuation of Schedule A GF No.PL13-14119 EXHIBIT"A" BEING,a tract of land situated in Nathaniel Atterberry Survey,Abstract No. 1099 and the E.M.Price Survey,Abstract No. 725,in the City of Wylie,being part of a 185.1449 acre tract,as described in Clerks File No.20060119000079810 in the Deed Records of Collin County,Texas,being more particularly described as follows: BEGINNING at a'A inch iron rod found at the most easterly southeast corner of Braddock Place Phase I,an addition to the City of Wylie,as described in Doc.No.2004-596,in the Plat Records of Collin County,Texas,being in the west line of F.M. 544(90'R.O.W.),same being in the east line of said 185.1449 acre tract; THENCE,South 00°52'55"East,along the east line of said 185.1449 acre tract and the west line of said F.M.544,for a distance of 808.36,to a'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,South 89°07'05"West,departing said lines,for a distance of 255.04 feet,to a'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; • THENCE,South 00°52'SS"East,for a distance of 16.03 feet,to a%A inch iron rod set with a yellow cap stamped"Corwin Eng. Inc."; THENCE,South 89°07'O5"West,for a distance of 217.24 feet,to a%A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.,at the point of curvature of a curve to the left,having a radius of 515.00 feet,a central angle of 14°32'00",and a tangent of 65.67 feet, THENCE,along said curve to the left for an arc distance of 130.63 feet(Chord Bearing South 81°51'05"West-130.28 feet), to a'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.",being on a curve to the right,having a radius of 225.00 feet,a central angle of 13°46'43",and a tangent of 27.19 feet; • THENCE,along said curve to the right for an arc distance of 54.11 feet(Chord Bearing South 07°46'16"East-53.98 feet),to a%A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."at the point of tangency; THENCE,South 00°52'SS"East,for a distance of 4.29 feet,to a%A inch iron rod set with a yellow cap stamped"Corwin Eng. Inc.",at the point of curvature of a curve to the right,having a radius of 215.00 feet,a central angle of 18°34'55",and a tangent of 35.17 feet; THENCE,along said curve to the right for an arc distance of 69.73 feet(Chord Bearing South 08°24'32"West-69.42 feet),to a'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.",on a curve to the right,having a radius of 1815.00 feet,a central angle of 13°40'43",and a tangent of 217.69 feet; THENCE,along said curve to the right for an arc distance of 433.31 feet(Chord Bearing South 79°21'38'West-432.28 feet), to a/z inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.",at the point of reverse curvature of a curve to the left, having a radius of 105.00 feet,a central angle of 43°38'53"and a tangent of 42.05 feet; • THENCE,along said curve to the left for an arc distance of 79.99 feet(Chord Bearing South 64°22'33"West-78.07 feet),to a 'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,South 47°26'53"East,for a distance of 3.17 feet,to a'/A inch iron rod set with a yellow cap stamped"Corwin Eng. Inc."; THENCE,South 42°33'07"West,for a distance of 170.00 feet,to a'/:inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,North 47°26'53"West,for a distance of 468.00 feet,to a'A inch iron rod set with a yellow cap stamped"Corwin FORM T-7: Commitment for Title Insurance Page 2 • Continuation of Schedule A GF No.PL13-14119 Eng.Inc."; THENCE,South 42°33'07"West,for a distance of 240.00 feet,to a%2 inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,North 47°26'53"West,for a distance of 48.18 feet,to a%2 inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,South 42°33'07"West,for a distance of 179.80 feet,to a'/2 inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.",being a point in the west line of said 185.1449 acre tract; THENCE,North 47°41'51"West,along the west line of said 185.1449 acre tract,for a distance of 49.77 feet,to a%2 inch iron rod found; THENCE,North 47°43'58"West,continuing along said west line,for a distance of 50.23 feet,to a V2 inch iron rod found at the most southerly southwest corner of Braddock Place Phase II,an addition to the City of Wylie,as described Document No. 2013-341 in said Plat Records; THENCE,North 42°33'07"East,departing said west line and along the south line of said Braddock Place Phase II,for a distance of 180.27 feet,to a'/2 inch iron rod found; THENCE North 47°26'53"West,continuing along said south line,for a distance of 21.82 feet,to a%2 inch iron rod found; THENCE,North 42°33'07"East,continuing along said south line,for a distance of 460.00 feet,to a'/2 inch iron rod found; THENCE,North 32°46'02"East,continuing along said south line,for a distance of 101.48 feet,to a'/2 inch iron rod found at the most southerly southeast corner of said Braddock Phase II also being the most southerly southwest corner of said Braddock Place Phase I; THENCE,North 42°33'07"East,along the south line of said Braddock Place Phase I,for a distance of 88.15 feet,to a%2 inch iron found; THENCE,South 89°38'47"East,continuing along said south line,for a distance of 261.87 feet,to a'/2 inch iron rod found at the point of curvature of a curve to the left,having a radius of 1230.00 feet,a central angle of 29°59'49",and a tangent of 329.54 feet; THENCE,continuing along said south line and with said curve to the left for an arc distance of 643.96 feet(Chord Bearing North 75°21'19"East-636.63 feet),to a%2 inch iron rod found; THENCE,North 67°30'12"East,continuing along said south line,for a distance of 239.66 feet,to a%2 inch iron found; THENCE,North 00°52'55"East,continuing along said south line,for a distance of 218.93 feet,to a%2 inch iron rod found on a curve to the right,having a radius of 345.00 feet,a central angle of 06°52'45",and a tangent of 20.74 feet; THENCE,continuing along said south line and with said curve to the right for an arc distance of 41.42 feet(Chord Bearing North 86°20'04"East-41.40 feet),to a'/inch iron rod found at the point of tangency; THENCE,North 89°46'26"East,continuing along said south line,for a distance of 268.67 feet,to the POINT OF BEGINNING and containing 24.144 acres of land. • FORM T 7: Commitment for Title Insurance Page 3 Exhibit"B" Request change in Exhibit"B"of Ordinance No. 2005-24,Zoning Case 2005-13, IV.Specific Regulations: 3.Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single family Lot.This can be accomplished either through swing driveways or alleys. However,when three car garages are constructed on a lot and a "2&1"configuration is used,the single car door may face the street. Garages may face the street on a corner lot side yard. Requested addition of the following under IV.Specific Regulations:,3. However,when the lot size is less than 12,000 square feet,front facing garage doors shall be allowed. Front facing garage doors must be an architectural upgraded door and contain decorative door hardware. \_.._. I1 r m l A ' \ _y p an 1 _ �� " I If L V 'Y wV I PLACE OF#SV5 I BtGIIXNWGnG I. r r xre 'ikf l M RA 1 �\ 1 \ q -Iry ,orr �� wrs ` \ S �i9(r.' A �xaw iwv k zY n s m imu u ,ors I II , P Ig p %yaf g K A. \ imz : ,r�, S N VICINITY MAP �4� _..-.—_ oao �.__ Ate_ r .. r� ,mom. Es 56 v MOE TEXAS \ "� rarr ;Rer „... \ � SHADOW HILLS OhN[ 0b\ � d 9 yy un \ ame N Y W c Y r A 6 mnx k„Ryil g Elm mx e a ��\ ♦\ rnnl ,nni ,..„ I a tlLP'XE IDf I' '� B p Jry ,uw ` / f r t r e x I '9 n T o d i G v n a.um, /t� wn, rd # 8 Wit) :g ma 'ar � \ " c6LO STR.AM GRNE V d' . mrm m mare n .. ,m rd .. sP_ wwrn % / y. 'a taus r ,-eve e ux n> _= .wm n' ,� �'- a / y TY tor G p d �, i rfb 'a: f Sl 4 ree wr dsLy� a & .a rr ri ogg ELF E 5 * x`w3 winr uxG ni rmn �...�r� ° xrzx v rmP\wrry f0 a rcttI, s MwWgl# x \ tn"]J P Ott R . }8 !B 4 A 9 Y �` ry \. cox a 'F. `N6V USfR} \ 9 S ii qv I p P. % A w„ >ra >' 2423m aA r: a § "' x 2 ,mx, a .� h gmik ,y Etr gc, r p.. G Y \ cj S n� I d a 4 4 rrs `� t .s' F i a. 1EE .5 s F g P ,/ bd aaa^' Gro X nm:," tnra a? m xi.ix �� `, n. 5 S _ x xSx un., y *J.2 rfu #°dtmtc �nt- „y tm Pl \ '�`d d4 V" a'4 u ° a - y x t \d a+- Lrrm A -t \ m, 9a ,, won' �� \ +, ,. \ z�^ �sc- 4p e ,` w ,. ¢�:` m. C :, wr M-avasonN'`- , \ >,r�w,�r .C° *' .�. �p/r n -, _, "'a, ,, CY' 9 �rt9° rs to 'e"-s� ^ 3 u> .n \ .mwa. w+. 4 h Y V n mr sTm as ra '' �.. I FINAL .PLAT w.R- trio 'd v; > ! ,_ x w OF ' fa q ms IfIre G w BRADDOCK PLACE .. a 1, •, / s n ud PHASE IV 3� ' ., °.. , m a; �a xe d` �- "d.a m Gyre '"*. kb„oy x 24.151 acres out of the rya ,m„ �" �" �',� t4 Elisha M.Price24. Survey,Abstract Number 725 moot Fro „w �„ ,„ II `� u a Nathaniel Atterberry Survey,Abstract Number 1099 ,�`° ,-aa fo Lc" �a City of Wylie,Collin County,Texas 74 Lot ..5„,,.>< '^�, «6a" Date Revised:October 2014 "ro" ua S* / Erssp,, ""° SHEET 1 OF 2 AI PAS �BANNISTER , . e in A r_5,Prr�. ' -.n. dm . 6 E N G N E E Ie 1 N G *..an x.*,wa •".z,+euvlu marie.ur < GIA.t�r��ap .. a Aimsarrw.Nrn+ra,ouaaaiz rIe.. i,rF 9! _T { t \ Wylie City Council tat'S`m,'4AGENDA REPORT Meeting Date: January 13, 2015 Item Number: H Department: Public Services (City Secretary's Use Only) $25,000,Revenue 121-4000-48440 $63,000,Expense 121-5622-58840 Prepared By: Mike Sferra/Robert Diaz Account Code: $12,000,Expense 121-5622-52130 Date Prepared: December 15, 2014 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2015-04 of the City of Wylie, amending Ordinance No. 2014-30 (2014-2015 Budget) and approving an appropriation of funds in the amount of $75,000.00 from the Park Acquisition and Improvement Fund for the purchase of bleachers and bleacher covers for Community Park and deposit of$25,000.00 of revenues into the Park Acquisition and Improvement Fund as a donation from the Wylie Baseball Softball Association for the bleacher covers; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. Recommendation Motion to approve Ordinance No. 2015-04 of the City of Wylie, amending Ordinance No. 2014-30 (2014-2015 Budget) and approving an appropriation of funds in the amount of$75,000.00 from the Park Acquisition and Improvement Fund for the purchase of bleachers and bleacher covers for Community Park and deposit of$25,000.00 of revenues into the Park Acquisition and Improvement Fund as a donation from the Wylie Baseball Softball Association for the bleacher covers;providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. Discussion During the past several months, a subcommittee of the Park and Recreation Board has met with staff to identify and prioritize needed improvements to the parks that could be funded with Park Acquisition and Improvement funds. The number-one priority identified by the subcommittee was the need for additional shade in the form of bleacher shade covers at the Community Park fourplex. Recently, the developer of Alanis Crossing Phase I paid their required parkland dedication fees in the amount of $159,000. In addition, Lance Wallace of the Wylie Baseball Softball Association(WBSA) approached staff with the offer of providing a $25,000 donation from WBSA as a contribution toward these bleacher covers. Staff also recommends replacement of the last two worn-bleacher units on Cooper field be included in the scope of this overall improvement. This would complete the total replacement of all eight bleacher units at the fourplex since major park renovations were completed a few years ago. At the regular Park and Recreation Board meeting held on December 8, 2014, the Board voted unanimously on forwarding the above recommendations to the City Council for Council's consideration. Page 1 of 1 ORDINANCE NO. 2015-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2014-30 (2014-2015 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $75,000.00 FROM THE PARK ACQUISITION AND IMPROVEMENT FUND FOR THE PURCHASE OF BLEACHERS AND BLEACHER COVERS FOR COMMUNITY PARK AND A DEPOSIT OF $25,000.00 OF REVENUES INTO THE PARK ACQUISITION AND IMPROVEMENT FUND TO REFLECT A DONATION FROM THE WYLIE BASEBALL SOFTBALL ASSOCIATION FOR THE BLEACHER COVERS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2014-30 (2014-2015 Budget) for the purpose of installing bleachers and bleacher covers at Community Park ("Improvements"); and WHEREAS, the City Council has received a donation in the amount of$25,000 from the Wylie Baseball Softball Association for the purpose of contributing toward the Improvements; and WHEREAS, the estimated cost of the Improvements is Seventy-Five Thousand Dollars and No/100 ($75,000.00); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to appropriate funds from the Park Acquisition and Improvement Fund for the purchase and installation of bleachers and bleacher covers at Community Park for the Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2014-30 (2014-2015 Budget). Ordinance No. 2014-30 (2014-2015 Budget) is hereby amended to allow for the following appropriation: "Twenty-Five Thousand Dollars and No/100 ($25,000.00) paid by the Wylie Baseball Softball. Association as a donation shall be deposited into Revenue Account 121-4000-48440 (Park Acquisition and Improvement Fund); and Ordinance No.2015-04 Amending 2014-15 Budget(Ordinance No.2014-30)—Municipal Complex Trails Page 1 Twelve Thousand Dollars and No/100 ($12,000.00) shall be appropriated from Expense Account 121-5622-52130 of the Park Acquisition and Improvement Fund; and Sixty-Three Thousand Dollars and No/1.00 ($63,000.00) shall be appropriated from Expense Account 121-5622-58840 of the Park Acquisition and Improvement Fund" SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of January, 2015. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2015-04 Amending 2014-15 Budget(Ordinance No.2014-30)—Municipal Complex Trails Page 2 grOF ,„__,, .r _„, ,,, �, Wylie City Council 4 AGENDA REPORT ;7er1s m x�,s Meeting Date: January 13, 2015 Item Number: I (City Secretary's Use Only) Department: Mike Sferra-Public Services Prepared By: Glenna Hayes -Purchasing Account Code: 620-5730-58410 Date Prepared: December 12, 2014 Budgeted Amount: $117,265.00 Exhibits: Subject Consider and act upon rescinding the award of Bid #W2014-56-B Industrial Court Sanitary Sewer Line to Horseshoe Construction Inc. in the amount of$117,265.00. Recommendation A motion authorizing rescindment of the award of Bid #W2014-56-B Industrial Court Sanitary Sewer Line to Horseshoe Construction Inc. in the amount of$117,265.00. Discussion Construction contract#W2014-56-B in the amount of$117,265 for the Industrial Court Wastewater Rehabilitation Project was awarded to Horseshoe Construction, Inc. in May 2014. The scope of services included replacement of an existing eight-inch sewer line through an existing 15-inch metal casing that passes underneath the railroad tracks at the south end of Cottonbelt Avenue. The existing line has a sag in it under the railroad and needs to be replaced. Staff currently inspects the line weekly and flushes it out once a month to maintain operability. As part of project coordination with DART to obtain a permit to allow work in the railroad right-of-way, the City was asked to field verify the size of the sewer line (prior to the start of any work). When City crews exposed the sewer line, it was discovered that the metal casing had disintegrated over time and was no longer usable. To accomplish the project, a new 90 foot-long casing will need to be installed by boring underneath the railroad. This additional work (estimated at $90,000) changes the project scope of work and exceeds more than 25% of the original awarded contract price (Loc Gov Code 252.048). The project engineer has revised the construction drawings, and there is sufficient funding in the Sanitary Sewer Repair and Replacement fund to accommodate this change in scope. To date work has not been started by Horseshoe Construction Inc., and staff recommends rescinding contract#W2014-56- B, for the purposes of rebidding the revised scope of work. Page 1 of 1 OF Wit, r Wylie City Council � r ig.TrRtz. go AGENDA REPORT ,,„ .t Meeting Date: January 13, 2015 Item Number: J (City Secretary's Use Only) Department: Purchasing Prepared By: Purchasing Account Code: various Date Prepared: December 17, 2014 Budgeted Amount: Exhibits: Resolution Subject Consider and act upon the approval of Resolution No. 2015-02(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager of the City of Wylie, Texas, to enter into an interlocal cooperative purchasing agreement between the National Joint Powers Alliance® (NJPA) and the City of Wylie for the use of the NJPA contracts. Recommendation A motion to approve a resolution of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager of the City of Wylie, Texas, to enter into an interlocal cooperative purchasing agreement between the National Joint Powers Alliance®(NJPA) and the City of Wylie for the use of the NJPA contracts. Discussion Chapter 271.102 of the Texas Local. Government Code permits Interlocal Agreements between local governments for the purpose of purchasing of goods and services; thus satisfying the requirement of the City to seek competitive bids for the purchase of goods and services through supplier contracts. Staff recommends the approval of an interlocal cooperative purchasing agreement between the City of Wylie and the National Joint Powers Alliance®as highly beneficial to maintain cost beneficial goods and services. Page 1 of 1 RESOLUTION NO. 2015-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE NATIONAL JOINT POWER ALLIANCE® AND THE CITY OF WYLIE FOR THE USE OF PROCUREMENT CONTRACTS. WHEREAS, Chapter 271.102 of the Texas Local Government Code does permit Interlocal Agreements between local governments for the purpose of purchasing of goods and services; and WHEREAS, Chapter 271.102 of the Texas Local Government Code does satisfy the requirement of local governments to seek competitive bids for the purchase of goods and services through supplier contracts; and WHEREAS,the City of Wylie is of the opinion that an Interlocal Cooperative Purchasing Agreement between the City of Wylie and NATIONAL JOINT POWERS ALLIANCE® (NJPA)will be highly beneficial to the taxpayers as a result of the anticipated savings to be realized, and; WHEREAS, the competitive solicitation and selection process required that suppliers allow Participating Public Agencies to purchase goods,products and services on the same terms, conditions and pricing as NJPA; subject to the applicable local purchasing ordinances and laws of the state of purchase; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City of Wylie, Texas is authorized to enroll and participate in the purchasing program known as the NATIONAL JOINT POWERS ALLIANCE® (NJPA) and purchases made through such program shall be deemed to meet the agencies competitive purchasing requirements. SECTION 2: The City manager of the City of Wylie, Texas is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the Interlocal Agreement between the City of Grand Prairie and the City of Wylie. SECTION 3: A representative of the City of Wylie, Texas named as Glenna Hayes, Purchasing Agent, is authorized to sign and deliver any and all necessary requests and documents in connection therewith for and on behalf of the City of Wylie, Texas. SECTION 4: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 13th day of January, 2015. ERIC HOGUE, Mayor ATTEST TO: CAROLE ERLICH, City Secretary Resolution No.2015-02(R) Interlocal cooperative purchasing agreement between the National Joint Powers Alliance®(NJPA)and the City of Wylie for the use of the NJPA contracts. OF Wit, , il \ Wylie City Council i .7,r2,,,,; AGENDA REPORT ,,„ .$ Meeting Date: January 13, 2015 Item Number: K (City Secretary's Use Only) Department: Public Works Prepared By: Purchasing Account Code: 100-5411-54210 Date Prepared: December 22, 2014 Budgeted Amount: Est. Annual.Expend: $150,000 Exhibits: Resolution No. 2014-23-R. Subject Consider and act upon approval of the purchase of roadway and bridge maintenance services from Collin County, Texas, through the use of Resolution No. 2014-23-R dated September 9, 2014, in the estimated annual amount of$150,000; and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of roadway and bridge maintenance services from Collin County, Texas, through the use of Resolution No. 2014-23-R dated September 9, 2014, in the estimated annual amount of$150,000; and authorizing the City Manager to execute any necessary documents. Discussion On September 9, 2014, the City Council of the City of Wylie passed Resolution No. 2014-23-R approving an interlocal cooperation agreement between the City of Wylie and Collin County, Texas, for the term of October 1, 2014—September 30, 2018. This agreement provides for services from Collin County for roadway and bridge maintenance/improvements within the corporate limits of Wylie. Under this interlocal agreement, if the County performs maintenance/improvements to roads that lie half within County jurisdiction and half within.City jurisdiction, the City pays only one half the total cost of the repairs. Funding for these types of repairs was included in the fiscal year 2014-2015, approved by the City Council, and is estimated to be approximately$150,000.00/year. The City is authorized to utilize other local governments or a local cooperative organization pursuant to Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Staff recommends the approval of a resolution authorizing the purchase of various roadway repairs from Collin County,Texas,through the use of the interlocal agreement dated September 9,2014, in the estimated annual amount of$150,000. Page 1 of 1 LRESOLUTION NO. 2014-23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH COLLIN COUNTY, TEXAS FOR ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO.97-576-08-25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal agreement between the City of Wylie, Texas and the Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25,which is attached hereto as Exhibit"A." SECTION 2: This Resolution shall take effect immediately upon its passage. LRESOLVED THIS THE 9th day of September,2014. Z.A./ Eric Hogue,M ATTEST TO: C ole Ehrlich,C ecretary OF -1,t N� Cl‘‘•rr/►'.<<r r ltt � Mi k ': v7IPP"IA COLORADO too fE RMLWAY ,I�; 01887* g / -4Ate Or IS* L Resolution No.2014-23(R) Interlocal Agreement with Collin County Road Improvements in accordance with Court Order No.97-576-08-25 EXHIBIT"A" Interlocal Agreement sedi 563458-1 1NTERLOCAL COOPERATION AGREEMENT Whereas, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act: and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the county and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFOR, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas a political subdivision of the State of Texas, and the City of Wylie, political subdivision of the State of Texas, which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to wit: As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25 (COPY ATTACHED). II. As consideration for the above-described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions: 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. III. Each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, to the extent allowable by law. IV. This Agreement shall be effective October 1, 2014, or from the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivision who are parties hereto and shall remain in effect through September 30, 2018 unless terminated by either party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a non-appropriation by the paying party, the performing party shall be relieved of it responsibilities hereunder as of the first day of the fiscal year of such non-appropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this agreement. COLLIN COUNTY, TEXAS Date: By: Title: County Judge CITY OF Date: By: Title: ._ ` , LCOURT ORDER NO.97_ Pe 4445 THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED COUNTY ROAD POUCY/RESCIND PREVIOUSLY COUNTY OF COLLIN A'PROVED.COURT ORDERS COUNTY RQAP SDPERINTENDENT On August 25. 1997. the Commissioners' Court of Collin County, Texas, met In special session with the following members present and participating, to wit Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered a request from the County Road Superintendent for approval to rescind previously adopted court orders pertaining to County Road Policies, furthermore, adoption of a revised County Road Policy. Thereupon, a motion was made, seconded and carried with a mejority vote of the court to adopt a revised County Road Policy effective October 1, 199T and rescind previously adopted court orders pertaining to same. Same is hereby approved in accordance with the attached documentation. on a a n u ge . et........ " ° s ,,, • se ones, ."- erry 'oa. a ., - es oner, --".. 11,7,1 a mmiss oner, c . Jack Hatch fo miss ner, Pct.4 tm ATTEST: ,..4„„4.,lb se )17 rar` r Helen Starnes, .��egad*.o c . 101 Aele .•% . Commissioners' Court r : —=: : .. ...Collin ,TEXAS s ?=i, : ` •i 1 OF Wit, r Wylie City Council � r .�r,.t.,4; AGENDA REPORT Meeting Date: January 13,2015. Item Number: L (City Secretary's Use Only) Department: Public Works Prepared By: Purchasing Account Code: 100-5181-54510 Date Prepared: December 22, 2014 Budgeted Amount: $52,000.00 Exhibits: Subject Consider and act upon the approval of the purchase of various vehicles and tire installation services from Goodyear Tire, NTB, Thomason Tire, Southern Tire Mart and Graham Truck Centers in the estimated annual amount of $52,000.00 through a cooperative purchasing contract with the Collin County Governmental Purchasing Forum bid# 2015-10-15, and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of various vehicles and tire installation services from Goodyear Tire, NTB, Thomason Tire, Southern Tire Mart and Graham Truck Centers in the estimated annual amount of $52,000.00 through a cooperative purchasing contract with the Collin County Governmental Purchasing Forum bid# 2015-10-15, and authorizing the City Manager to execute any necessary documents. Discussion The City of Allen, Texas was the lead bidding agency on behalf of the Collin County Governmental. Purchasing Forum (CCGPF, a cooperative purchasing group comprised of governmental agencies located within Collin County, Texas), of a competitive sealed bid for vehicle tires and installation services. The bid was awarded by the City of Allen, City Council on December 9, 2014 to Goodyear Tire, NTB, Thomason Tire, Southern Tire Mart and Graham Truck Centers. As the City of Wylie is a member of CCGPF, staff recommends the approval of the purchase of various vehicles and tire installation services in the estimated annual amount of$52,000.00 from dealers as awarded by the City of Allen. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2015-41-I) Page 1 of 1 (,...GY� aFtr� "--- 1 1! r \ Wylie City Council 4 AGENDA REPORT ;7eris m x:s Meeting Date: January 13, 2015 Item Number: M (City Secretary's Use Only) Department: Public Services Prepared By: Robert Diaz Account Code: Date Prepared: December 16, 2014 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2015-03(R) requesting the 84th Texas State Legislature to maximize the use of revenue from the sporting goods sales tax to support local grant opportunities and state park operations; and that all Texas Recreation and Parks Account funded projects be subject to the established Texas Parks and Wildlife Department competitive scoring system. Recommendation Motion to approve the Resolution No. 2015-03(R) requesting the 84th Texas State Legislature to maximize the use of revenue from the sporting goods sales tax to support local grant opportunities and state park operations; and that all Texas Recreation and Parks Account funded projects be subject to the established Texas Parks and Wildlife Department competitive scoring system. Discussion Many years ago, the Texas State Legislature authorized a special sales tax on sporting goods (Sporting Goods Sales Tax or SGST) to be utilized to help fund the Texas State Parks and the Texas Recreation and Parks Account (TRPA), which is the grant program that assists municipalities with the acquisition and development of local parks and recreation facilities. The Texas Parks and Wildlife Department (TPWD) administers the grant program, and uses a scoring system that allows the grant application process to be as fair as possible for communities of all sizes that apply for the grants. Over the years, the funding from the sporting goods tax has been re-allocated for other purposes by Legislators, and the TRPA funding has been greatly reduced. Since the TRPA is funded by those who purchase sporting goods to use in local parks, and we want the opportunity to apply for future grants to improve or expand our park system, we are requesting Council support of the attached resolution. It asks the 84th Legislature to support increased funding for TRPA and the Texas State Parks System through the SGST and use of the funds as they were originally intended. The resolution also requests support to insure that all grants funded through TRPA be subject to the competitive scoring system managed by TPWD. In past years, certain legislators have taken money from TRPA to fund "pet" projects in their district without going through the competitive process, further impacting the local grants account. Approval of this item would show that Wylie joins other cities that have already approved this resolution to request an increase in beneficial funding for state and local parks by increasing allocations from the sporting goods sales tax and requiring all TRPA funding recipients to go through the competitive application process. Page 1 of 2 Page 2 of 2 The Texas Municipal League Board voted earlier this month to support these efforts. State and local parks have proven their economic benefits by providing jobs and enhancing tourism to the state and local economies. Since most of the funding for TPWD/TRPA grants comes from customers of park facilities who buy sporting goods to use the parks, it makes sense to use the specially-designated SGST for the purposes for which they were intended: to reinvest in state and local parks. The City of Wylie has benefitted greatly from the TPWD/TRPA grants over the years as a recipient of these grant funds to develop local facilities such as Community Park. We recently received a grant in the amount of$200,000.00 from the TRPA grant program to help fund the Municipal Complex Trail; however, the primary funding for this grant comes from the federal government's National Recreational Trails funding, not from the SGST. During the 2011 legislative session alone, over $150M was diverted from TPWD. Since then, there have been state park closures, layoffs, and an increase in deteriorating facilities due to a lack of financial support. Add to this the negative impact of the drought and wildfires, attendance and park user fee collections have dropped, and TPWD has been forced to appeal to private donors to prevent more park closures. When the Legislature agreed to allocate a portion of the SGST to fund state park operations, capital, and local park grants, they capped the allocation to TPWD from this tax at $64 million per biennium ($32 million per year). The Legislature passed further legislation in 2007 that lifted this cap but limited the amount of funding received by TPWD to amounts appropriated within the General Appropriations Act. As a result, less than 1/5th of the estimated tax revenues generated by the SGST actually go to state and local park systems. More than 10 million people visit the state parks annually, generating $793 million in sales impact, $456 million in Texans' personal income, and 11,928 jobs. Of the 28 reasons out-of-state visitors choose to visit Texas, 13 are State Park experiences. However, Texas ranks 49th in the nation in state spending per capita for state park operations. It would be beneficial to encourage our Legislators to provide more resources to support our state and local parks as a part of the state's overall economic development strategy due to the positive impact parks play on state and local economies. RESOLUTION NO. 2015-03 A RESOLUTION OF THE CITY OF WYLIE CITY COUNCIL REQUESTING THE MEMBERS OF THE 84th LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS,AND THE TEXAS STATE PARK SYSTEM WHEREAS, the Texas Parks & Wildlife Department ("TPWD") administers the Texas Recreation & Parks Account Local Park Grant Program ("TRPA") and the Large County and Municipality Recreation and Parks Account (Urban Account) and manages 94 State parks and historical sites in Texas; and WHEREAS, TPWD has separate accounts in their general revenue fund referred to as the TRPA and Urban Account for the purpose of providing matching grants to political subdivisions for parks and recreation projects, and for outreach grants to introduce new populations to outdoor experiences; and WHEREAS, the matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation and open space areas to be owned and maintained by political subdivisions; and WHEREAS, funds granted to political subdivisions under the TRPA and Urban Account guidelines have funded 1629 projects of the 3,470 submitted over 30 years delivering over $800 million to the local Texas economy; and WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD through the TRPA to stimulate the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry; and WHEREAS, the TRPA, Urban Account, and State parks are funded from sales tax on sporting goods and that the development of new parks stimulates the purchase of sporting goods; and WHEREAS, the TRPA, Urban Account, and State parks are partially funded from federal dollars used for parks, recreation, open space, trails, and tourism from the United States Department of the Interior Land and Water Conservation Fund (LWCF), the Sport Fish Restoration Boat Access program and the United States Department of Transportation Recreation Trails; and WHEREAS,the maintenance and improvements of State park and historic sites and the addition of new parks is a priority to Texans due to the State's expanding population and extensive tourism industry; and Resolution No.2015-03 Sporting Good Sales Tax to Support Local Grant Opportunities and State Park Operations WHEREAS, the development of parks encourages and promotes public health, economic development, job creation, education; corporate relocations, an improved quality of life, and juvenile crime prevention; and WHEREAS, funds are needed for major repairs at Local and State parks and for the acquisition and development of parks and facilities; and WHEREAS, it is the desire of this City Council that a copy of this resolution with appropriate names affixed be presented to the Governor of Texas and the leadership of the 84th Texas Legislature. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WYLIE, TEXAS: 1. That members of the 84th Legislature of Texas seek passage of legislation maximizing the use of revenues from the sporting goods sales tax and federal funds to increase funding for parks and recreation programs for both Local and State parks and that all TRPA and Urban Account funded park projects be subject to the established TPWD competitive scoring system. 2. That members of the 84th Legislature of Texas restore funding to the TRPA and Urban accounts in the amount of at least $15.5 million per year. PASSED AND APPROVED by the City of Wylie City Council on this the 13th day of January, 2015 APPROVED: Mayor ATTEST: City Secretary Resolution No.2015-03 Sporting Good Sales Tax to Support Local Grant Opportunities and State Park Operations Support for providing the revenue from the Sporting Goods Sales Tax in full to the Texas Parks and Wildlife Department Big Picture Items—A History • Texas Parks and Wildlife Department (TPWD)was once funded by a portion of a cigarette tax • In 2007, businesses and citizens supported a "self-tax" on all sporting goods to fund the TPWD • But instead of the full amount of revenue going directly to TPWD, a tax code provision was inserted so that only the amount appropriated by the legislature to TPWD from the sporting goods sale tax would flow to TPWD coffers • Historically,the TPWD has only received approximately 33.5%of all the collections on the sporting goods sales tax • The Legislature has used the rest to balance the budget and underfund TPWD Transparency • Truth in Budgeting is necessary—this tax is important and was adopted for a reason—to address a critical component of funding for TPWD • A special tax like this is similar to an "enterprise fund" and should be used to support the programs it was originally identified to support • The Comptroller estimates that approximately$120 million will be generated. Approximately $30 million is historically provided. • A maintenance backlog, staffing needs and development opportunities for TPWD are unmet needs in part because of consistent underfunding and the siphoning of these dollars to balance the budget TPWD Needs—border security and traditional roles • Over the past biennieum,TPWD was required to internally cover nearly$2 million from its own operations for border security, creating a deficit in other long-standing programs' • TPWD has requested $17.4 million in additional funding(exceptional item)to maintain game warden participation in border security activities and to respond to other future emergency situations (this is just a third of the dollars available from the sporting goods sales tax) • Additional "exceptional item" requests by TPWD total $187.5 million plus full funding of the local parks grant program at$15 million per year Local Parks Grant Program Is Instrumental • Local parks grants program provides local control for great ideas • Local parks are just as important to state parks' mission by providing a gateway to discover Texas's natural resources • Full funding from the sporting goods sales tax will help fill unmet needs and ensure TPWD can serve an ever-growing population both in urban cities and rural communities 1 TPWD's LAR Request at p. 2 found here: http://www.tpwd.state.tx.us/publications/pwdpubs/media/1-TPWD- 2016-17-LAR.pdf - ` Wylie City Council AGENDA REPORT „tea Meeting Date: January 13,2015 Item Number: N Department: WEDC (City Secretary's Use Only) Prepared By: Angel Wygant Account Code: Date Prepared: December 19, 2014 Budgeted Amount: Exhibits: 2 Subject Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of November 30, 2014. Recommendation Motion to approve, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of November 30,2014. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on December 19,2014. (Rev 01/2014) Page 1 of I 12-12-2014 08:09 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF' NOVEMBER 30TH, 2014 111-WYLIE ECONOMIC BEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV 2,723,763.70 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 INWOOD BANK - ESCROW 0.00 1000-10180 DEPOSITS 7,000.00 1000-10198 OTHER - MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0,00 1000-11511 ACCTS REC - MISC 100.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12810 LEASE PAYMENTS RECEIVABLE 0,00 1000-12996 LOAN RECEIVABLE 78,711.80 1000-12997 ACCTS REC - JTM TECH 0,00 1000-12998 ACCTS REC - FORM VEABLE LOANS 257,912,30 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 4,165,007.30 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED CHARGES 488,518.00 7,721,013.10 TOTAL ASSETS 7 721 013 10 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 518.15) 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20127 END. LEGAL SERVICES PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 6,499.76 2000-20132 EMP CARE ELITE 12.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 AUDIT EMPLOYEE INSUR PAY 0.00 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 5,402.27 2000-20210 ACCOUNTS PAYABLE 4,029.04 12--12-2014 08 AM CITY WYL IE '.AGE. BALANCE SHEET AS OF! NOVEMBER 30I"11, 2014 II -MYLIF' ECONOMIC FERFF CORP ACCOUNT# TITLE 2000-2I1530 PROPERTY TAXES PAYABLE I7.070 2000-20:540 NOTES PAYABLE 408,510.09 000-20810 DUE TO GENERAL FUND 0.00 2000-2 2701 DEFERRED REVENUE 237,200.91 00Q-222`75 DEFERRED REV "'FARE PRINCIPAL 0.00 O0$)-222E0 DEFERRED REVENUE - LEASE TNT 0,00 20 22 15 RENTAL DEPOSITS 2,500.00 TOTAL LIABILITIES 744,149,88 EQUITY 3000- 34110 FUND BALANCE RESERVED 0.00 8000-888ND FUND BALANCE-uMRE ER `fus F n"o 7,23B 33 .02' TOTAL BEGINNING EQUITY 7,23E,333.02 TOTAL REVENUE 37,993.30 TOTAL EXPENSES 299,453.05 REVENUE jVIIRJdUNDER) EXPENSES __..._...."26f164'69u75T: TOTAL EQUITY & OVER/(UNDER) 6,976,863.27 TOTAL LIABILITIES,TIES, EQUITY & OVR ,I JND RI 7,721,013,10 12-12—'2014 08':09 AM CITY or WYLIE- PAGE: 1 BALANCE SHEET AS C3F. N€OVEMBEC1 30TR, 2014'' 92 —GEN LONG TERM DEBT (WFDC) ACC UNT4 TITLE ASSETS 1000-1C312 GOVERNMENT NOTES 0,00 1300—I11131 LOAN 0.00 1000-1 120 LOAN — BIRMINGHAM" 0.03' 1°1°-1823.0 AMOUNT O 8E PROVIDED 0.00 1000-18220 MI MINUHAM LOAN 0.30 11.33 a7 1'OTAI, ASSETS 31,3111: LIANIEJTI"F.„ 2000-20310 COMPENSATED ABSENCES PAYABLE 51.,I9116'.66 2(00— °311 CCNP ABSENCES PAYABLE—CURRENT 0.00 2000— 14'10 ACCRUED TNTFF ST PAYABLE 41.110 0€10— 8)05 WEDC LOANS — CURRENT+ ( 81,2 8.27) 2000-28220 BIRMINGHAM LOAN 0,00 001-28230 183344 10 LOAN 0.00 2000-28 34 ANS LOAN - RANDA K/H'UCHES:, 3660,6 3.49 2000-28235 ANS LOAN 4, 59.7 000-2823 ANN CONSTRUCTION LOAN 0.310 2000-282,37 ANN ROAD CONSTRUCTION LOAN 365,1367.15 0 0-78238 ANS LOAN BUCHANAd1 394,296.55 20010-28240 HUGHES LOANLOU 2000-28250 CITY OF WYI,TE LOAN 0.00 219310-282 0 PRIME KUIS LOAN 11.131 633131--2 271I ROWLAND/ANDDENCON LOAN' 0,00 2000-28280 CAPITAL ONE CAEAD LOAN 0,00' 20031-28290 1OBART/COMMERCE' LOAN 250,8333155' TOTAL LIABILITIES 2,046,675.9.1 EQUITY 3000-3 590 FUND BA:,ANCE—UNRESERV/UNIASTO( ,17"7,904,20) TOTAI. BEGINNING EQUITY ( _ 2,127, 04.20) TOTAL REVENUE 0.00 TOTAL EXPENSES 3 81,228.27) RtVENU/I OVER/(UNDER) EXPENSES 81., 28.27 TOTAL EQUITY r OVER/367NDEII1 ( 2,046,n75.93) TOTAL T.,IABIL ITIF L, EQUITY'Y` , OV2R/(UNDER) 0,00 12a°12-10I4 I+R:14 AM CITY )ff r1YL I A 1 REVENUE AND EXPENSE. REPORT — 141Mr1.WDII°RD$ AS 11F; DODD/PEP 30 P71, 2024 1 II—WYLIE )1,C°U)1)T1sF. )P),`L'L C:T3RF: FINANCIAL. RUMMAGE'.... CURRENT CURRENT PRIOR YEAR Y-F—I 9-'LR93 BUDGET 3 OF BUDGET GER 10E) 371 ADJUST. AtOIIAL PMT*UII)RANSIF. BALANCE BUDGET t pF215F'MUF: E11699747).R TAXES 1,94'7,992.00 0.03 0,OR 0.00 0.00 1,947,992.00 0.00 INTEREST INC:111. 12,228.00 20048.20 0.G7ls ,133.3 I.II3 3G3FI3 .7L1 17,7.2' MISCELLANEOUS' /DECIDE: 156,IDIYSI.01 14,690.00 0.DO 35,SOO.00 G.0U' 3.5M,100.UIJ 16.30 CITH R FINANCING SC?URI:ER: 11.CJ13: U.III1 7.I111 1.G3Ta f.UI 7.1I fl.Glr3 TOTAL REVENUES 2,346,220.00 19,6998720 0.00: ;T,99.3.30 0.011 2,209,229,3 11+. 1.77. F:SPE:0IDT'031;C ptclA1? DEVELOPMENT CORP—WE I11 3,214 `5775 10 190,528.69 4)794.19 299 463.09 3,035E40 22972,076,55 9,41 CMIII, EXPENDITURES 3,214,579.00' 1911,525.99 ) 1,194„11) 299,463.05 ;3,035.41 2,P12,029.59' 9.42 REVENUE OPEIfi1(UNDER) A4(ENDIIIIAI)S G ' ,068,155,CM, t 174,83II.49)1 1„194.191 G: 291,469.75)G 3,G0.35.4011 80.3,A49.653 24.46 11 12-12-2014 418.14 AM CITY OF WYLIE .ACE..; 2 REVENUE AND EXPENSE REPSb0T - (UNAUDITED) Al S( 4410F4RSS 31ITO, S114 III-WYLIE ECONOMIC )FVEL:CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-TIE 2-T6I1 F3L433Ri' 3F tstlCGE'S PRIk%4s13 ppAi1,I41 T. ACTUAL ENCUMBRANCE RAI 0 i",R R&1Cs rIII TANEN 4s50X-40150 90 1F4 1.Fa.0 XE TAXES 0.00 6.00 0,00 0,00 1,00 0.00' 0.406 40310940210 SALES TAX 1,941,992.07 0,00 £1.00 0.00 E.R0 3,147,992,)11 '1. 0 TOTII, TAXES I.,994;4,9.02.00 0.00 5.00 0.00 :0.00 1,04'1,992.00 0.00 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0,00 0.00 0.410 0.00 0.00 0.00 0.00 4PRS-46110 ALP,C11,`0T011 T)TERRPT EARNINGS 2717,00 5I.11 6.00 100.12' 0,010 169.611 37.16 4 0 4TI41 T 4'1C;0L INTEREST 0.04 (4.041:; 4.0) 0.410 0)410 0.00 0.00 10041-40143 031)1C INTEREST' 0,0C1 0.00 0.00 0h04 0.00 0,60 0,00 4000-4t,6U INTEREST EARNINGS 3,817,00 340.14 0,00 ((4,25 0,00 3,152.75 )1,441 141011-41160 LOAN REPAYMENT (PRINCIPAL) 9,141,00 565.15: 07.60 2,326,7.4: 0,00 6,13I2.27 144.32 4000-46210 PAWN MONEY MARKET INTEREST 0.00 0.00 51.00' 0.00 0.00 0.00 0.00 TOTAL IME009ST INCOME 12,222'1,) 1,046)20 6.00 2,0 3.141 0.00 10,154.70 11,12 MTsc901ANE0RE IN] 1414 it1{349-$R11 C1. RF 44T51L E14t:a0 4F 1850000.00 14,650.00 0.00 35,900.00 6.00 150,100.040 16,30 4000-42310 RECOVERY - PRIOR YEAR !BEEN 0,00 0.410; 0.00 3.07: 0.00 4T,110 41.00 BOOR TB64I0 MISCELLANEOUS INCOME; 0.00 0.00 0.00 0.00 41.00 0.00' 0.00 4000-40430' GAIN/LOSS SALE OF CAP ASSET 09.00 0.3) 0,00 3.1 .00 1.00 0.0 TOTAL MISCELLANEOUS INCOME 186,000.00 14,650.06 0,00 35,900)00 (1.00 156,100.60 19.:30 OTHER( F7 NANs;'IN{ 543)0c0 1000-491600 TRANSFER FROM GE14ERAC. FI,UNII 0.03 0.00 0.00 0.00 0.00 0.00 0.00 4 000-4 932 5 DANK NOTE: 4'ROCF' JS 0.00: 0.00` 0.00' 0,00 0.00 0.00 0.00 4000-49550I LEASE IRINC:IRA1. PAYMENTS i41 0.00 0.00 0.00 0.1J0 0.00: 0.00 0.001 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00. 0,00 _.0,00.. TOTAI. 4tPV1'4441F:,,J 2,116,220.00 1 5,643R.20 0,00 37,993,30 0.0+3 2,108,226.7(1 1.73 i 12-12-2014 08:14 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2014 111-WYLIE ECONOMIC DFVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET ° OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET pERSONNEL SERVICES 5611-51110 SALARIES 176,050.00 13,769.24 0.00 26,870.10 0.00 149,179.90 15.26 5611-51130 OVERTIME 0.00 0.00 0.60 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 957.00 956.00 0,00 956.00 0.00 1.00 99,90 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0,00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0-00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,100.00 870.78 0.00 1,690.71 0.00 9,409.29 15.23 5611-51220 PHONE ALLOWANCE 3,456.00 0.00 0.00 864.00 0.00 2,592.00 25.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 26,603.00 2,052,43 0.60 3,884.40 0,00 22,718.60 14.60 5611-51410 HOSPITAL & LIFE INSURANCE 28,515.00 1,796.33 0,00 5,934.62 0.00 22,580.38 20.81 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 1,009.00 0.00 0.00 108.59 0.00 900.41 10.76 5611-51440 FICA 11,723.00 243.49 0.00 1,090.15 0.00 10,632.85 9.30 5611-51450 MEDICARE 2,742.00 217.17 0.00 415.18 0.00 2,326.82 15.14 5611-51470 WORKERS COMP PREMIUM 427.00 0.00 0.00 357,50 0.00 69.50 83.72 5611-51480 UNEMPLOYMENT COMP (TWO) 0 _000_0540,00 . . 0.00 oAo c,po 81,00 510.00 o,u), TOTAL PERSONNEL SERVICES 263,122.00 19,905.44 0.00 42,171.25 0.00 220,950.75 16.03 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,000.00 77.55 0.00 77,55 0,00 4,922.45 1.55 5611-52040 POSTAGE & FREIGHT 980.00 0.00 0.00 0.00 0.00 980.00 0.00 5611-52130 TOOLS/ EQUIP (NON-CAPTTAt) 0.00 0.00 0.00 0.00 0.00 0,00 0.00 5611-52810 FOOD SUPPLIES 5,000,00 23.65 0.00 23.65 0-00 4,976.35 0.47 5611-52990 OTHER 5..,00000 _ 9.00 0.00 cl.oc o.,eo 5,080,00 0.00 TOTAL SUPPLIES 15,380.00 101.20 0.00 18]_2(1 (Lon 15,878.80 0.63 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-54990 OTHER 0.00 0.00 0-00 0.00 0.00 0.09 o.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,762,782.00 94,305,11 0.00 94,305.11 0.00 1,668,476.89 5.35 5611-56040 SPECIAL SERVICES 82,600.00 443.62 0.00 3,359.62 157,50 79,082.88 4.26 5611-56080 ADVERTISING 46,950.00 5,000.00 0,00 5 765.00 1,555.00 39,630.00 15.59 5611-56090 COMMUNITY DEVELOPMENT 53,200.00 14,909,00 0.00 18,409.00 0.00 34,79,1.00 34.60 5611-56110 COMMUNICATIONS 4,800.00 368.69 0.00 704.56 125.08 3,970.36 17.28 5611-56180 RENTAL 24,600.00 2,044.00 0.00 5,938,00 0.00 10,662.00 24,14 5611-56210 TRAVEL & TRAINING 30,400.00 460,01 0.00 460.01 1,069.11 28,870.88 5.03 5611-56250 DUES & SUBSCRIPTIONS 9,450.00 1,525,94 0.00 1,627.94 0.00 7,822.06 17.23 5611-56310 INSURANCE 7,630.00 0.00 0.00 6,722.04 0.00 907.96 88.10 5611-56510 AUDIT & LEGAL SERVICES 23,000.00 1,500.00 0.00 1,500.00 0.00 21,500.00 6.52 5611-56570 ENGINEERING/ARCHITECTURAL 20,000.00 0.00 0.00 0.00 0.00 20,000.00 0.00 5611-56610 UTILITIES-ELECTRIC 2,000.00 301.54 0.00 301.54 128.71 1,569.75 21.51 _000_0_ TOTAL CONTRACTUAL SERVICES 2,067,412,00 120,857.91 0.00 139,092.82 3,035.40 1,925,283.78 6.87 12-12-2614 05/14 MI CITY OF WYLIE SAGE: 4 REVENUE AND EXPENSE REPORT - I 1111AUDITE01 AS 0E5 NI VEINSER 311'II, 2614 111-915 LIE ECONOMIC DEVEL CORE DEVELOPMENT IIORP-VIE 05, 2,W.PARTEENTAL, EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-0 5-T-0 BONNET 5 OF , aunsaar PER lOD PC FLU ST AO,rti A I/ SOCITAIRRANCE (Al aaicr aarx--T DE1(T SERVICE 4 CAP 0E91 4653 51,1.02 76.76 66717-57116 1177EE18162SENVICE 559,561.00 49,664.14 C.)') 93,949,9S 0.00 5611-577/0 BAD MET EXPENSE 0,00 0,00 0,00 0,34 0.90 0,90 0.00 „_„,-.... TOTAL SENT SERVICE & CIAP. REEL 659,561,00 411,664.14 0.00 03,949.,58 0,90 ,165,611.02 16,75 SARI TAO, OUTLAY, .5., 5611-581.10 LAND-PIIRSHASE PRICE 900,066.00 6.00 0.00 21,,147.to o„ao ,,s., 275a2.20 8.05 5611-S4120 DEVEI.OPMENT rasa 1.o0 3. 11 0.0P 0„00 0,00 0.430 o,00 6611-55150 LAND-BETTER/SENTS 0.00 0.OS 0.00 0.00 0.00 0,00 0.06 5611-5821,6 STREETS F ALLEYS 0.00 0.09 0,00 0.00 0,00 0.00 0.00 5611-58410 SANITARY SEWER 0,00 O.ao 0.110 0,00 0,00 Q.00 0.10 5511-.5,88/0 COMPUTER FIARIIISCETWAR 8 3,600.00 9.06 0,00 0,00 0.00 3,000,00 0,00 55111-58850 FURNITURE F FIXTURES 2,500,06 0,00 0,00 0.00 0,00 2,500,00 0,00 551T-5.8910 BuLLQINGs 0.10 0,00 0,00 0.00 0,00 0.03 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.go o.og o go g.go g.go a,go 1.10 . ooToo. cAp!TAT, OUTLAY 366,500,06 0.06 0,00 24,148,80 0,00 251,362.20 7,90 OTHER FINANCING RISES) 5 O 1 1-59171, TRANSFER TO GENERAL, FUND 0.00 0.00 0.00 0,00 0,00 0,00 0.60 5811-59190 991142991 TO TOGRUGHFASE IMP 0.00 a,oo 0,00 o,00 0,00 0.00 o„oo sa11-594a° "RAN"12.', TO CAPITAL. FUND 3.11 0,60 0,00 0,SO 0.00 0,00 0.00 5611-59990 PROSECT ACCOUNT/NG GAO 0.00 0.06 0.00 G.60 0.00 0.00 TOTAL OT1/611 FINANCING (USES) 6,66 0,00 0,00 6,00 0.00 0.00 0.60 TOTAL DEVELOPMENT CORP-14FIX, 3,214,575,06 136,529,69 0,00 299,463.05 1 035 40 2 311 2 076.55 9 41 S14Y11/5 EX OEND ITI/RES 3,214,575.06 190,528.69 0.00 290,453,05 3,035.40 2,912,075,55 9,41 REVENUE OVER (uarlr.„Q) EXPENDITURES t 1,055,355,00) t 174,830,49) 0.60 1 251,486,751 t 1,835,407 { 803,849.85) 24.75 I 55 END OF 1890/1712 5'4 Wylie Economic Development Corporation Inventory Subledger November 30, 2014 Inventory- Land Date of Pur. Address Acreage Improvements Cost Basis Sub-totals Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 Demo 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Duel Products 9/7/12 704 Cooper Dr. 0.5 n/a 127,452.03 Randack 10/23/12 711-713 Cooper Dr. 1.089 217,500 8,880 400,334.00 Lot 2R3 7/24/14 Cooper Dr. 0.95 29,305.75 1,312,921.37 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 969,392.47 Ferrell 9/29/05 2806 F.M. 544 1.09 Demo 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842.02 391,119.54 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Hobart Investments 11/12/13 Commerce 1.60 n/a 156,819.50 Hobart 1/6/14 605 Commerce 1.07 396,263 20,000 386,380.00 543,199.50 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Heath 3/17/14 104 N. Jackson 0.17 220,544 3,304 220,034.00 Udoh 2/12/14 109 Marble 0.17 70,330.00 290,364.00 Buchanan 8/13/14 400 S. Hwy 78 1.246 68,294 12,750 477,839.65 Total 14.53 1,411,115 57,059 4,165,007.30 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. Wylie Economic Development Corporation Balance Sheet Sub Ledger November 30, 2014 Notes Payable Date of Rate of Principal Purchase Payment Beginning,Bal. Principal Interest Interest Balance November 1, 2014 $2,064,858.02 ANBTX-88122627 MARTINEZ(#48 of 60) 10/28/10 $8,200.66 $97,170.51 $7,956.35 $255.29' 2.95 89,214.16 ANBTX-88130968 HUGHEs/RANDACK(#24 of 60) 10/23/12 10,107.00 351,709.11 8,899.58 1,207.42 3.99 342,809.53 Hobart HOBART(#11 of 60) 1/6/14 5,378.30 242,297.41 4,368.73 1,009.57 5.00 237,928.68 ANBTX-88130976 WOODBRIDGE PKWY (#3 of 60) 8/13/14 13,267.93 953,895.07 11,124.87 2,143.06 2.61 942,770.20 ANBTX-88148481' BUCHANAN(#3 of 60) 8/13/14 7,331.95 388,248.17 6,072.82 1,259.13' 3.77 382,175.35 November 30, 2014 $38,422.35' $5,874.47' 1,994,897.92 Note: Principal and Interest payments vary by date of payment. INYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF DECEMBER 2014 MONTH WEDC WEDC WEDC DIFF % DIFF 2013 2014 2015 14 VS 15 14 VS 15 DECEMBER $148,500 $134,371 $154,719 $20,347 13.70% JANUARY 117,904 128,968 FEBRUARY 187,682 213,877 MARCH 139,745 121,483 APRIL 121,594 124,866 MAY 192,612 200,476 JUNE 141,328 145,137 JULY 148,763 149,537 AUGUST 180,280 193,751 SEPTEMBER 144,572 154,328 OCTOBER 137,407 152,545 NOVEMBER 193,783 213,292 Sub-Total $1,854,171 $1,932,632 $154,719 $20,347 13.70% AUDIT ADJ TOTAL $1,854,171 $1,932,632 $154,719 $20,347 13.70% WEDC SALES TAX ANALYSIS $250,000 . $200,000 - _ s. 02014 $0 . i - # ;. - ; i i- P f I. # a E o co 2la m Q � , m E o E 0 ti � ¢ 0 > 0 Z Of_Wke t \ Wylie City Council tat'SM'4,4 AGENDA REPORT Meeting Date: January 13, 2015 Item Number: 0 Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: December 23, 2014 Budgeted Amount: Ordinance 2015-05 NCTCOG Resolution R14-10 Exhibits: Ordinance 2005-76 Subject Consider, and act upon, Ordinance No. 2015-05 of the City of Wylie repealing Ordinance No. 2005-76 (Clean Fleet Vehicle Policy); adopting a new Clean Fleet Policy; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2015-05 of the City of Wylie, repealing Ordinance No. 2005-76 (Clean Fleet Vehicle Policy); adopting a new Clean Fleet Policy;providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion On December 6, 2005, Council approved Ordinance No. 2005-76 adopting a Clean Fleet Vehicle Policy as recommended by the Regional Transportation Council(RTC). RTC is the transportation policy body of the North Central Texas Council of Governments (NCTCOG). This policy remains an important regional air quality strategy as the region continues to face air quality challenges. For the past year, NCTCOG staff and local fleet representatives have been working to revise the policy to ensure that it remains relevant and effective. On December 11, 2014, the RTC approved a resolution (R14- 10) supporting a revised Clean Fleet Policy. The recent Environmental Protection Agency proposal to further lower the federal ozone standard underscores that regional efforts to reduce ozone-forming emissions will remain critically important. RTC urges all organizations with fleet operations in the Dallas-Fort Worth ozone nonattainment area to adopt the new Clean Fleet Policy, which replaces the previous version. Major policy changes include expansion of applicability to non-road equipment, petroleum reduction goals, and removal of outdated emissions references. In addition, the policy shifted to a goal-oriented structure, including sections for reducing emissions; reducing fuel consumption; fostering partnerships with. NCTCOG and the Dallas-Fort Worth Clean Cities Coalition(DFWCC); and ensuring that drivers, operators, and fleet personnel are familiar with air quality and petroleum reduction goals. Adoption of the new policy entitles the City of Wylie to compete for vehicle funding made available through RTC and DFWCC programs. Page 1 of 1 ORDINANCE NO. 2015-05 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING ORDINANCE 2005-76(CLEAN FLEET VEHICLE POLICY);ADOPTING A NEW CLEAN FLEET POLICY; PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth (DFW) Metropolitan Area by the Governor of Texas and in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials,is the regional transportation policy body associated with NCTCOG and has been and continues to be the regional forum for cooperative decisions on transportation; and, WHEREAS,NCTCOG has been designated as a Clean.Cities Coalition for the DFW region by the US Department of Energy in accordance with federal law and the NCTCOG Executive Board authorized NCTCOG to serve as the host organization for the DFW Clean Cities (DFWCC) Coalition and its efforts; and, WHEREAS,the U.S.Environmental Protection.Agency(EPA)has designated the DFW area as a nonattainment area for the pollutant ozone,and air quality impacts the public health of the entire region; and, WHEREAS,emissions inventories from the Texas Commission on Environmental Quality (TCEQ)indicate that in 2012,approximately 76 percent of the nitrogen oxides(NOX)emissions and 25 percent of the volatile organic compounds (VOC) emissions in the DFW ozone nonattainment area are attributable to mobile sources; and, WHEREAS,the RTC is responsible for transportation conformity; and the Clean Air Act Amendments of 1990. require that transportation plans and improvement programs in air quality nonattainment areas conform to the adopted State Implementation Plan(SIP); and, WHEREAS,the RTC has adopted a resolution supporting the adoption and implementation of a Clean Fleet Policy by organizations with fleet operations in the DFW area; and reserves all future vehicle funding for entities that adopt and comply with a policy consistent with the provisions outlined below, WHEREAS,the City of Wylie will set goals and provide workable,cost-effective solutions to improve air quality and reduce petroleum consumption in the DFW area, and implement those measures as practicable. Ordinance No.2015-05 Clean Fleet Policy 1 of 4 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City of Wylie will reduce emissions from fleet activities by performing the following actions as practicable: 1.1 Implement an idle-reduction policy/standard operating procedure(SOP)that applies to all of the entity's vehicles and equipment, except where exempted as determined by the City of Wylie; communicate idle-reduction expectations to staff, vendors and visitors; and utilize idle- reduction technology. 1.2 Maximize use of vehicles and equipment with the lowest emissions wherever possible. 1.3 Ensure all conversions are EPA and/or California Air Resources Board (CARB) certified; ensure that aftermarket technologies are EPA and/or CARB verified, or are listed as an emerging technology by the EPA or a state environmental agency; and both conversions and aftermarket technologies are compatible with Texas Low Emission Diesel Program (TxLED) requirements. 1.4 Establish a plan to modify non-essential fleet activities on high ozone days to reduce air quality impacts. 1.5 Implement vehicle and equipment disposal strategies which minimize negative impacts on air quality. 1.6 Implement vehicle and equipment emissions inspection practices which meet or surpass the standards required by statute,including prompt resolution of any illuminated malfunction indicator lamp (MIL). SECTION 2: The City of Wylie will reduce overall fuel consumption,particularly the use of conventional petroleum fuels, by performing the following actions as practicable: 2.1 Pursue low-emission vehicles and equipment for acquisition,with an emphasis on alternative fuel, advanced technology, and/or SmartwaySM certified vehicles and equipment. 2.2 Improve overall fleet fuel efficiency. 2.3 Establish practices to reduce vehicle miles traveled,passenger miles traveled,engine hours, and/or ton miles traveled, as appropriate. Ordinance No. 2015-05 Clean Fleet Policy 2 of 4 SECTION 3: The City of Wylie will partner with the NCTCOG and DFWCC by performing the following actions as practicable: 3.1 Maintain membership and active participation in DFWCC and submit timely Clean. Fleet Policy reporting. 3.2 Evaluate and consider participation in programs to test/commercialize/demonstrate new technologies to improve efficiency, reduce emissions, and/or increase fuel efficiency. 3.3 Pursue activities which support peer fleets' efforts to implement fuel-or emissions- reducing activities by sharing and maximizing resources. 3.4 Encourage fleet activities which minimize water, solid waste,or other environmental impacts of fleet activities, as appropriate. SECTION 4: The City of Wylie will ensure drivers/operators and fleet personnel are familiar with air quality and petroleum reduction goals by performing the following actions as practicable: 4.1 Provide in-house training and/or attending training administered by NCTCOG for fleet personnel and other staff involved in fleet decisions to review policy elements and provide recommendations for achieving objectives. 4.2 Consider other mechanisms to increase understanding and awareness among fleet personnel and others. SECTION 5: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 6: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No.2015-05 Clean Fleet Policy 3 of 4 The City of Wylie acknowledges that adoption of the Clean Fleet Policy, adoption of an idle reduction policy/SOP as outlined in section 1.1, submittal of both policies, and submittal of Clean Fleet Policy reporting is required to be eligible for future clean fleet funding from the RTC,and may be considered when determining other funding actions. The extent of Clean Fleet Policy implementation, as documented through reporting, will also be a factor in receiving DFWCC fleet recognition. This policy shall be in effect immediately upon its adoption and replaces the prior Clean Fleet Vehicle Policy of the City of Wylie. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of January, 2015. Eric Hogue, Mayor ATTESTED TO: Carole Ehrlich, City Secretary Ordinance No.2015-05 Clean Fleet Policy 4 of 4 RESOLUTION SUPPORTING THE CLEAN FLEET POLICY R14-10 WHEREAS, the North Central Texas Council of Govemments (NCTCOG) is designated as the Metropolitan Planning Organization (MPO)for the Dallas-Fort Worth (DFW) Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected ofhoio|o, is the regional transportation policy body associated with the NCTCOG, and has been and continues tobe the regional forum for cooperative decisions ontransportation; and, WHEREAS, the Environmental Protection Agency (EPA) has designated the ten-county area of Collin, OoUam. Oenton, BUa, Johnoon, Kauhnmn, Parker, FtoohvvoU' Tarrant, and Wise Counties as moderate nonattainment under the 2008 8-hour National Ambient Air Quality Standard for the pollutant ozone, effective July 2O, 2O12; and EPA has proposed omore stringent revised ozone standard within a range of 65 to 70 parts per billion, which may require substantial additional enniao|ono reductiono'. and, WHEREAS, the RTC io responsible for air quality conformity; and the Clean Air Act Amendments of 1990 require that in air quality nonattainment areas transportation plans and improvement programs conform to the applicable air quality implementation plan; and, WHEREAS, emissions inventories from the Texas Commission on Environmental [2ua|bv indicate that in 2012. oppnoxirnoba|y76 percent ofnitrogen oxides (NC}x) emissions and 25 percent of volatile organic compounds (VOC) emissions in the DFW ozone nonattainment area are attributable to mobile mouroaa'. and, WHEREAS, the RTC approved the creation of a Clean Fleet Vehicle Policy on March 11, 2004 and adopted a resolution supporting a Clean Fleet Vehicle Policy on October 13, 2OO5; ond. WHEREAS, changes in vehicle technologies and continuing air quality concerns necessitate revisions to the existing Clean Fleet Vehicle Policy. NOW, THEREFORE, BE {T HEREBY RESOLVED THAT: Section 1- The RTC endorses the Clean Fleet Policy included in Attachment 1 and recommends that organizations with fleet operations in the nonattainment area adopt m policy consistent with this document. Section 2' The RTC reserves all future vehicle funding for organizations with fleet operations that adopt and comply with a policy consistent with the Clean Fleet Policy ao shown in Attachment 1. This includes transit funds ofall types, Congestion Mitigation and Air Quality Improvement Program funds, Surface Transportation Program-Metropolitan Mobility funds, other 0adona|. State and |000|funds distributed at the discretion of the Regional Transportation Council, and support for third party funding opportunities, Sectimm3. The RTC may consider Clean Fleet Policy adoption and compliance when considering other RTC funding actions. - Section 4' This resolution will be transmitted bz all impacted local governments and communicated to private sector organizations in the nonattainment area as appropriate. � solution ahoi| be in effect immediately upon its adoption. Mike ContnaU, Chair Regional Transportation Council Commissioner, Dallas County I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for h Dall ort Worth Metropolitana on Oeoemmbmr11. 2014. Ron Je Regional Transportation Council Mayor, City of Grand Prairie ^ ORDINANCE NO. 2005-76 AN ORDINANCE OF THE CITY COUNCIL OF WYLIE, TEXAS ADOPTING A CLEAN FLEET VEHICLE POLICY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and WHEREAS, the Regional Transportation Council supports the adoption and implementation of a Clean Fleet Vehicle Policy by Resolution R05-07, which was adopted on October 13, 2005, and WHEREAS, the Dallas-Fort Worth area is a federally designated non-attainment area for the pollutant ozone and air quality, which impacts the public health of the entire region; and WHEREAS, the Regional Transportation Council is responsible for air quality conformity including the Clean Air Act Amendments of 1990 that require that, in air quality non- attainment areas, transportation plans and improvement programs conform to the applicable air quality implementation plan; and WHEREAS, the City of Wylie wants to set achievable goals and provide workable, cost effective solutions to improve the Dallas-Fort Worth Metropolitan Area air, and implement those measures practicable to improve air quality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. Acquisition. 1.1 Vehicle acquisitions for fleet expansion or replacement of model year 2004 or newer shall be the newest model year or engine standard only. 1.2 Vehicle acquisitions to replace model year 2003 or older vehicles must show at least a 25% reduction in Nitrogen Oxides (NOx) emissions rate compared to the vehicle being replaced. (Waivers are possible when new technologies or achievements of the required emission reduction are not possible.) 1.3 Aftermarket technologies and conversions are acceptable for fleet expansion and fleet replacements. Ordinance No. 2005-76 Adoption of Clean Fleet Vehicle Policy Page 1 of 3 1.3.1 Aftermarket technologies and conversions must be Environment Protection Agency (EPA) and/or CARB verified or certified or technology equivalent or better, as determined by the North Central Texas Council of Governments (NCTCOG) staff. 1.3.2 Conversions must comply with the provisions of EPA Memorandum lA and Addendum Revision (June 25, 1974 and June 1, 1998). Section 2. Operations. 2.1 Vehicle idling is allowed for safety, emergency response, vehicle maintenance, equipment activity, warm-up/ operations in cold temperature, and manufacturer recommended minimum idle/warm- up times. 2.2 Vehicles with the lowest NOx emissions that are capable of performing the requested operational demands will drive the most miles. 2.3 Fleet manager will abide by the latest refueling time/season guidance published by NCTCOG Air Quality Planning. 2.4 Non-emergency vehicles will drive no more than the posted speed limit and avoid rapid acceleration. 2.5 Subject to the City Council budgetary approval, all drivers will be trained on air quality appropriate operational requirements. Section 3. Maintenance. 3.1 Perform annual emission and safety inspections for all veh- idles, including vehicles with no state mandated inspection requirement. 3.2 All vehicles with over 100,000 miles must have emissions inspections every 25,000 miles thereafter. 3.3 Perform manufacturer's recommended maintenance. 3.4 Mandatory participation in any diesel or other Texas Commission on Environmental Quality or NCTCOG inspection/maintenance program, including applicable test or pilot programs. Ordinance No. 2005-76 Adoption of Clean Fleet Vehicle Policy Page 2 of 3 Section 4. Compliance Verification. 4.1 The City of Wylie will provide NCTCOG with an annual electronic update of fleet size and activity in a format established by NCTCOG. 4.2 The City of Wylie acknowledges that entities not adopting and complying with the Clean Fleet Vehicle Policy and/or reporting requirements will not be eligible for future clean vehicle funding and RTC may assess City compliance when considering other RTC funding actions. Section 5. That all ordinances of the City in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. Should any paragraph, sentence, subdivision, clause, phase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the whole. Section 7. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Section 8. This ordinance shall be in effect immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 6th day of December, 2005. 0r ATTEST: , 0.goa \, Carole Ehrlich, Secretary ''i®, „�� ®� Ordinance No.2005-76 Adoption of Clean Fleet Vehicle Policy Page 3 of 3 Wow ` Wylie City Council iss.„......) AGENDA REPORT ue Meeting Date: January 13, 2015 Item Number: P Department: Municipal Court Tech (City secretary's Use Only) Prepared By: Ron Arp Account Code: 151-5617-52130—($2,500) Date Prepared: December 22, 2014 Budgeted Amount: Exhibits: Subject Consider, and act upon, Ordinance No. 2015-06 of the City of Wylie, amending Ordinance No. 2014-30 (2014-2015 Budget) and approving an appropriation of funds in the amount of$2,500 for the Municipal Court Technology Fund for the purpose of funding the additional costs associated with purchasing a new sound system for the courtroom; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve, Ordinance No. 2015-06 of the City of Wylie, amending Ordinance No. 2014-30 (2014-2015 Budget) and approving an appropriation of funds in the amount of $2,500 for the Municipal Court Technology Fund for the purpose of funding the additional costs associated with purchasing a new sound system for the courtroom; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion Texas Code of Criminal Procedure—Article 102.0172, Court Costs, Municipal Court Technology Fund (d) may be used only to finance the purchase of or to maintain technological enhancements for a municipal court or municipal court of record, including: (1) computer systems; (2) computer networks; (3) computer hardware; (4) computer software; (5) imaging systems; (6) electronic kiosks; (7) electronic ticket writers; and(8) docket management systems. After being in our remodeled courtroom for over a year, it has been determined and requested by Judge Maldonado to purchase an audio system to better serve our customers. This will allow our defendants, witnesses,jurors, prosecution, defense, and judges to hear testimony during trials. We currently have no microphones in the courtroom and with soft spoken people it is difficult to hear testimony. This was previously budgeted for and after discussion and more research it was determined we needed wireless microphones resulting in additional cost. Page 1 of 1 ORDINANCE NO. 2015-06 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2014-30 (2014-2015 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $2,500.00 FOR THE MUNICIPAL COURT TECHNOLOGY FUND FOR THE PURPOSE OF FUNDING THE ADDITIONAL COSTS ASSOCIATED WITH PURCHASING A NEW SOUND SYSTEM FOR THE COURTROOM; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") desires to amend Ordinance No. 2014-30 (2014-2015 Budget) of the City of Wylie, Texas ("Wylie") for the purpose of appropriating funds to the Municipal Court Technology Fund for the purpose of purchasing new equipment; and WHEREAS, the estimated additional cost of the equipment and all additional items necessary to bring the equipment on-line is two thousand dollars ($2,500.00); and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2014-30 (2014-2015 Budget) as set forth above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2014-30 (2014-2015 Budget). Ordinance No. 2014-30 (2014-2015 Budget) is hereby amended to allow for the following appropriation: Two thousand five hundred dollars and 00/100 ($2,500.00) shall be appropriated to Expense Account 151-5617-52130 of the Municipal Court Technology Fund. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each Ordinance No.2015-06 Purchase of new sound system for courtroom section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of January, 2015. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2015-06 Purchase of new sound system for courtroom Wylie City Council • AGENDA REPORT Meeting Date: January 13, 2015 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 16, 2014 Budgeted Amount: Exhibits: 1 Subject Tabled Item from October 28, 2014 Motion to remove from the table and consider and act upon: Continue a Public Hearing and consider, and act upon amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to district boundaries within the Downtown Historic District(ZC 2014-06). Recommendation Motion to deny amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to district boundaries within the Downtown Historic District(ZC 2014-06). Discussion The City Council has declared as a matter of ordinance that the preservation,protection, and use of landmarks and historic districts is a public necessity because they have a special character or a special historic, architectural, aesthetic, or cultural interest and value and thus serve as visible reminders of the history and heritage of the City of Wylie. The proposed amendments would extend the boundaries of the current Downtown Historic District to the west along Cottonbelt from Elliot to Brown,including properties north of Brown Street on Keefer(Exhibit A). Also on the current agenda are proposed text amendments in an effort to establish clearer and concise design standards for new and renovated structures. As well as modifications to the sign section of this ordinance. HRC DISCUSSION: At its November 13, 2014 meeting, the Historic Review Commission considered revisions to the current Downtown Historic Ordinance to expand the boundaries of the Downtown Historic District to include properties west of the railroad. The boundaries would encompass properties along Cottonbelt from Elliot to Brown, including properties north of Brown Street on Keefer, and would rezone those properties from Single-Family 10/24 (SF-10/24) to Downtown Historic District (DTH). Citizen comments were received and primarily related to commercial uses along Cotton Belt. Most citizens were in favor of extending the boundaries, but did not want to see commercial uses mingled in with the residential uses in the proposed expanded areas. Other discussions focused on existing residential structures that did not conform to current DTH standards. Staff discussed Non-Conforming structures and how they are defined in Section 9.2 of the Zoning Ordinance. A non-conforming structure may continue, but may not be enlarged, altered or repaired except in conformity with the regulations of Article 9. In addition, infill regulations would be an option for some properties that are non-contributing. (Rev 01/2014) Page 1 of 2 Page 2 of 2 The Historic Review Commission voted 5-0 to recommend approval of expanding the boundaries, with the stipulation that those lots included in the proposed expanded area are limited to residential uses only. P&Z DISCUSSION: The P&Z Commission discussed at length the inclusion of those properties to the west of the railroad, and felt most of those properties do not have historic value worthy of preservation. Because the area consists primarily of homes built after the 1960's it was their decision that this would be trying to force regulations onto non-historic properties. It was the consensus of the Commission to deny the recommendation of the Historic Review Commission to extend the boundaries of the current DTH to include properties to the west of the railroad tracks to Cotton Belt. The Commission voted 5-0 to recommend denial of the expansion. Per Section 8.6.E.2 of the Zoning Ordinance, when a proposed zoning request is heard by the Council that has been denied by the Planning Commission, a three-fourths majority vote by the Council shall be required to modify the recommendation of the Commission. Notification/Responses: Seventy-Nine (79) notifications were mailed; with nine (9) written responses returned favoring the request and nine (9)responses opposing the request at the time of posting. f j s .,,, s Ar tit ft r j ,j1 �E _ I 1 0j g i , a..9 'gyp �'�F j so- j€ -ery ; r ,., { :. a a a � ,,.... I a � v yy 9 �rCr I f t .. . r = tyj ............ 3! d�....«...jh d : ;; flu" : �" k' "r'',! jf a � I 1200 _„� „ .... ......... fir" 5id j a I4 (L1 110. ,i'@ .;" 1,;0 ka.,, 0 , fir.....,. Wylie City Council AGENDA REPORT Meeting Date: January 13,2015 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 31, 2014 Budgeted Amount: Exhibits: 1 Subject Tabled Item from October 28, 2014 Motion to remove from the table and consider and act upon: Continue a Public Hearing and consider, and act upon amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to design standards within the Downtown Historic District(ZC 2014-06). Recommendation Motion to approve amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to design standards within the Downtown Historic District(ZC 2014-06). Discussion The City Council has declared as a matter of ordinance that the preservation,protection, and use of landmarks and historic districts is a public necessity because they have a special character or a special historic, architectural, aesthetic, or cultural interest and value and thus serve as visible reminders of the history and heritage of the City of Wylie. Primary changes as outlined in Exhibit "B" Section 6.3.E.6 Signs (attached) include enlarging the total maximum allowable area from 64 sq. ft. to 70 sq.ft.for a single tenant space and not to exceed 100 sq. ft. for a multi-tenant building. Over the past few years several variance request have been approved by the Zoning Board of Adjustment as well as by the Construction Code Board to grant a variance relating to sign size. A majority of those requested dealt with the overall wall length in regards to the allowable sign dimensions.It was Staff's opinion and ultimately approved by the Boards that there needed to be some flexibility when larger facades were being considered. The draft also provides clearer definitions for awning and canopy signs and better defining the difference between the two. A canopy sign is supported by the building and/or by ground supports.An awning is solely supported by the exterior wall of the building. A new section has been incorporated into the ordinance to regulate area, material and placement of Specialty Signs, such as banners and incidental signs. This section would regulate the placement of special event banners within or across public right-of-ways. In addition, A-Frame, and incidental type signs are defined and allowed within the DTH. The purpose of these amendments is to eliminate clutter, while at the same time allowing for some flexibility and conformity within the downtown district. (Rev 01/2014) Page 1 of 2 Page 2 of 2 HRC DISCUSSION: At its November 13, 2014 meeting, the Historic Review Commission considered revisions to the current Downtown Historic Ordinance in regards to design standards and sign regulations. The Commission further discussed including language that would allow non-contributing structures to continue as is without having to conform to the DTH guidelines. Non-contributing structures would be those structures that are within the boundaries of the district, but do not meet any criteria of the regulations and do not have a significant historic character or structure less than 50 years old. The Historic Review Commission voted 5-0 to recommend approval, with the stipulation that those lots included in the proposed expanded area are limited to residential uses only. In addition, the Commissioners recommended that a section be added stating that non-contributing structures be exempt from the DTH regulations. The Board was in favor of recommending approval of the proposed text amendments including modifications to the sign portion. The recommendation went forth to the Planning and Zoning Commission. P&Z DISCUSSION: The P&Z Commission expressed concern on the limitation of the number of signs allowed for a multi-entrance building. Staff stated that an owner/applicant would have the option to present a unique case to the Board of Adjustment to request a variance to the regulations. The Commission conveyed a consensus to move forward with a favorable recommendation regarding the text amendments being proposed. However there were modifications to Section 6.3.E.6.j to clarify what is included as an incidental sign. A clause will be added stating that incidental signs do not include other signs that are specifically listed within the ordinance. The Commission voted 5-0 to recommend approval of the text amendment as it relates to design standards within the Downtown Historic District. Notification/Responses: Seventy-Nine (79) notifications were mailed; with nine (9) written responses returned favoring the request and nine (9)responses opposing the request at the time of posting. Crry o WYLI ZONING ORDINANCE SECTION 6.3 DOWNTOWN HISTORIC DISTRICT(DTH) A. Purpose Wylie's downtown has been identified by the Comprehensive Plan as a valuable resource worthy of preservation as a historic district. This district provides development and design standards that preserve the historic and architectural character of existing development, provides for adaptive reuse of existing buildings, and the compatibility of new structures and uses with the historic nature of downtown. A non-contributing building and/or structure means a building not contributin to the historic significance of the district and does not add to the district's sense of time and place, and historical development; or one where the location, design, setting, materials, workmanship, feeling, and association have been so altered or have so deteriorated that the overall integrity of the building has been irretrievably lost. Typically, contributing structures are older than 50 ears. Typically non-contributing structures are less than 50 years old. B. District Boundaries 1. The Downtown Historic District (DTH) is generally bounded by State Highway 78 on the south, Birmingham StreetCott{+: Ve-rili�i-e on the west, frfm aiet-S-t+c -t<r f- wrt Street, --aft eludi moped o h oar l +-5 the eastern property line of those lots facing west on Second Street from Brown Street to the north and Marble Street to the south, and those properties north of Brown Street along Ballard Avenue facing east and continuing north to Tract 4 of the Samuel B. Shelby Abstract and approximately 100 feet of frontage of those lots facing west and continuing north parallel to Ballard Avenue and encompassing all of Block 1, Lot 5 of the Russell #01 Addition and Block 1, Tract 49 of the James Truett Abstract. 2. The precise boundaries of the Downtown Historic District shall be shown on the official zoning map of the City of Wylie. The boundaries of the Downtown Historic District may be amended from time to time based on a request from area property owners, a request of the staff, the Commission, or at the pleasure of the Council. In considering a request for a change in district boundaries, the Council shall require: a. Any additions to the district shall be contiguous to the existing boundaries of the district; b. Any reductions in the district shall be located on the edge of the district such that a hole is not left inside the district; and c. If requested by a property owner, a petition shall be presented showing owners of more than 50 percent of the land within the district, excluding streets, and owners of more than 50 percent of the building sites in the district are in support of the requested change in boundaries. i ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS f',(if, ilt C . \A Li:s ZONING ORDINANCE ## . y, ".dam ...... .. ., ?I I s A.` i -,._. t,s � �4 l,_. ■ rE ,,,,,.-.1 ,. ,� ■ i ■ # ,,. * i " 4 I* arts rya` 7r ai■■r;rka ,�tlrv•,4, i 4 era r t o 'I3 rt U# ; , ro"ATM+ swiz,C. . t 1 8 ii r$ s ii; i r 3 �a4pn"w�'.txt�d'"' tt## c 7 s t =0� 1.4 3 ?g 9 Yl. t r ■a r �� 0Q-ro---7 r h4 � r ..,,-::.. 11-1 <' a Sf , ._.. es'. FIGURE 6-1 DOWNTOWN HISTORIC DISTRICT BOUNDARIES C. General Provisions 1. Site plan and design review submitted to the Planning Department is required for new construction and substantial renovation of existing buildings within the Downtown Historic District. Substantial renovation means: a. Alterations to the exterior of existing buildings that change the placement or design of windows, doors or other exterior features of the building such as coping or pilasters; b. An increase in the floor area of the building greater than 10 percent. c. Adding new exterior building materials that do not match the existing materials. 2. Interior renovation of existing buildings that do not alter the exterior appearance of the building do not require site plan and design review under the provisions of this article. (e.g., a drop ceiling that covers part of an existing window would alter the exterior appearance and require review.) 3. Physical properties of an existing building such as setbacks, foot prints, height, or other similar characteristics that cannot be altered without substantial hardship are not required to meet the development or design standards within this article. All other provisions shall apply. f4 2 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Crri o WYLI ZONING ORDINANCE D. Permitted Uses 1. The Downtown Historic District may contain any combination of uses shown in the Use Chart in Article 5, Section 5.1. 2. Within the Downtown Historic District there are both residential and nonresidential uses which may be located in either residential structures or commercial structures. To maintain the architectural and historic character of existing blocks where one type of structure predominates, the following regulations shall apply. a. Residential uses may be in residential structures or commercial structures. Residential uses in commercial structures are only allowed if they occupy less than 40 percent of the floor area of the building; and do not occupy the area adjacent to the street front. b. Nonresidential uses may be in residential or commercial structures. Nonresidential uses in residential structures must be in those blocks where existing residential structures predominate. c. In block faces within the District that are currently developed with residential structures, new construction shall be of historic design. Either residential or nonresidential uses may be located in the residential structures. d. In block faces within the Downtown Historic District that are currently developed with commercial structures, new construction shall be of historic design. Only res-idential uses are permitted fer-Those lots along, '_ $, l4 It it\ e- and -Kee-ems S t `w E�riot. ' . .r t n-fh :youth-1 >..I3t o -Stree ,--and cry-wn_S4fe et on Keefer " . �:,,��pi„� d �a �rrra and-on-tl-i-e-o-cti-`i a1--/onim-g r l ctf the ty of L�yl E. Downtown Historic District Development and Design Standards 1. All properties must meet requirements provided in this section for Site Design, and Architectural Standards. 2. Purpose of Downtown Historic District Design Standards. The purpose of these design standards is to ensure the preservation of the historic and architectural qualities which make the Downtown Historic District a unique place by permitting new development compatible with existing historic buildings and by maintaining the historic and architectural qualities of existing buildings. a. Site Design Standards. The purpose of the Site Design Standards is to provide for building and parking placement compatible with existing development. b. Architectural Standards. The purpose of the Architectural Standards is to provide for the preservation of existing historic and architectural qualities of Downtown Wylie, ensure new construction is compatible with these qualities, and to protect and promote the uniqueness of downtown as a commercial area. 3. Design Standards Review. All new development and substantial renovations shall comply with the Site Design Standards included in Subsection 4, and the Architectural Standards in Subsection 5. a. Historic Review Commission (HRC) shall be appointed by the City Council and shall consist of seven (7) members in accordance with Ordinance 2013-17, and as amended. 3 Cif oij WYi:ios --� — ZONING ORDINANCE b. The HRC will be responsible for reviewing and recommending an action to the Planning and Zoning Commission and/or the City Council for proposed new construction or substantial renovation, revisions to the ordinance, and planning efforts to fulfill the purpose of the Downtown Historic Ordinance and to consider future amendments and long range goals of the District. 4. Site Design Standards a. Building Placement - Commercial Structures (1) Buildings shall be placed on the front property line. Buildings may be moved back from the front property line a total of four feet to provide for wider sidewalks and entries, if: The buildings takes up an entire block face; or is located on a corner; or has a total frontage of more than 50 percent of the block face. (2) New commercial structures shall be allowed only in block faces which are predominately developed with existing commercial structures, or are predominately vacant land. (3) Buildings shall be placed on the side property line. Buildings may be moved back from the side property line a total of four feet to provide for wider sidewalks and entries when the side property line is along a street. (4) Buildings that go through a block so that they have frontage on two parallel streets, shall treat each frontage as a main facade. (5) All service areas and loading shall be from the alley. (6) New commercial structures shall construct at least a six (6) foot wide side walk. b. Building Placement - Residential Structures (1) New single family residential structures are only allowed in blocks which are predominately developed with existing residential structures. (2) Residential structures shall conform with the front yard, side yard and rear yard setbacks of existing residential buildings on the block face. Front yard and rear yard setbacks will be deemed to be in confoiiiiity if they are within five feet of the average of the existing setback on either side of the new construction. Side yard setbacks shall be no closer than the side yard setback adjacent to the new construction or 20 feet whichever is less. On corner lots, side yards shall be treated as front yards and shall be the same as that required for the primary front yard. (3) Accessory structures such as garages, sheds, greenhouses etc. shall be located in a separate structure behind the rear edge of the main building and comply with side and rear yard setbacks. (4) New residential structures shall construct at least a six (6) foot wide side walk. c. Parking for Residential and Nonresidential Uses (1) Parking for residential use shall be on site and conform to standards for residential uses in other single family districts. l 1,, ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS CITY of Wcui, ZONING ORDINANCE (2) Existing nonresidential uses may be renovated, reconstructed, and expanded up to 10 percent of their original floor area without having to comply with these parking standards. (3) Commercial Uses less than 4,000 square feet in a block face with existing historic commercial buildings shall not be required to provide off-street parking. (4) Commercial Uses over 4,000 square feet will be required to provide off-street parking under the following standards: (a) A minimum of 50% of all required parking, in accordance with Article 5 Use Charts of this Ordinance, shall be located on site as required by specified use. All on-site parking shall be placed a minimum of 10 feet behind the front facade of the building with a landscape buffer provided. Not more than 140 feet of contiguous frontage of parking shall be visible from a street. On-site parking shall also provide spaces for bicycles at a rate of one for every full 25 spaces of required parking. (b) Alternative materials, such as pavestones and grasspavers can be used for driveways and parking spaces, subject to approval of the City Engineer. (c) Up to 25 percent of the required parking can be provided by on-street parking in front or to the side of the building. (d) The remainder of the required parking can be provided by off-site parking facilities within 1,000 feet of the site. No off-street parking can be developed with frontage on Ballard Street or the block face on the east side of Jackson Street. (e) Upon a finding that a parking reduction is necessary to preserve historic buildings and maintain the design integrity of the Downtown. Historic District, the Commission may grant parking variances up to a maximum of 75 percent of the required parking. (5) Off-street parking lots with over 20 spaces are required to have landscaping and lighting that meets the standards for other nonresidential developments. (Article 4, Section 4.3) 5. Architectural Design Standards a. Street Facade—Commercial Structures (1) Primary street facades for nonresidential buildings in the Downtown Historic District shall have the following basic features of existing historic buildings: (a) Cornice at top of facade; (b) Display windows with transom windows above and lower window panels below. (c) Pilasters that divide the facade vertically and separate the display windows units into discrete visual elements. (d) Second floor windows, recessed with multiple lights, lintels, and sills. (2) Architectural elements such as doors, windows, awnings, canopies and architectural details shall be compatible with the overall visual qualities existing within the historic buildings downtown. Maintain as much of the original basic facade as possible. The basic facade consist of three parts: the storefront, with 5 Cifwof WW-uw ZONING ORDINANCE large display windows and transom; the upper facade, with large regularly spaced windows; and the decorative cornice. (3) Choice of color for the primary facade, various architectural elements, or details shall be in conformance with the color scheme existing within downtown and appropriate for the historic and architectural character of the commercial structure. (Sherwin Williams Preservation Palette, Valspar Historic Color Palette or equal would be an approved color palette) (4) In addition to the above, all commercial structures shall have at least two of the following desirable design features as appropriate: (a) Street facades on side streets that meet the requirements for primary facades; or (b) Buildings on corners which create a diagonal corner cut with the entrance on the corner; or (c) Pediments added to the top of the facade; or (d) Decorative brickwork and architectural detailing on or around the cornice, fascia,pilasters, or around windows; or (e) Use of natural wooden doors with glass windows; or (f) Projecting canopies and or awnings placed over the ground floor windows and doors Pediment , + ti ./ua Cornice ',_ •,IMMIMAlir ;K i,. kf g: Cornice y _ �ww Decorative -° ) w. -----� Brick Work Window Lintel - �_ Window Sash - -7— Upper Window Sill Facade Fascia Sign Board mr DEL- Transom '411, or U ___(-y r �-. �[oiWindows I 1 Display Windows Storefront Lower Window Panels `; ,— .. . i ii Pilaster FIGURE 6-2 TYPICAL FEATURES OF COMMERCIAL STRUCTURES IN THE DOWNTOWN HISTORIC DISTRICT b. Street Facade—Residential Structures (1) Residential structures within the Downtown Historic District shall have the following basic features of existing residential structures in the district, as 6 ! ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS _s 74/11 CITYFj-WYui, ZONING ORDINANCE appropriate to the architectural style of the building. These features are depicted in the following illustration for definitional purposes. (a) Covered porches integrated into the front facade of the main structure; (b) Multiplicity of roof forms; (c) Columns and railings defining porch; (d) Windows with multiple lights; (e) High pitch roof lines; and (f) Architectural detailing of gables, window and door casings, eave lines, and foundations. (2) Residential structures shall face the main street. (3) Residential structures that have a room projecting from the primary line of the front facade shall have a covered porch across the inset portion of the facade. (4) Residential structures which do not have any projecting rooms shall have a covered porch across at least two thirds of the width of the facade. (5) Porches on residential structures shall be covered with a roof that is integral to the main roof of the structure, or covered with a roof that is a substantial architectural element integral to the design of the front facade. (6) Porches shall have columns and railings around the edge of the porch except for the entrances steps. (7) Choice of color for the primary facade, various architectural elements, or details shall be in conformance with the color scheme appropriate for the architectural style of the residential structure. (Sherwin Williams Preservation Palette, Valspar Historic Color Palette or equal would be an approved color palette) i /' )( s - �, '' L Multiplicity of roof forms ' l � ' `' /1"\\"\— �� i s �`rr c `'', z _,^`'fir ,-, c, , ._, mr-,-,--ertt^^Z- i r titi , � i 11 :11'' I 'k T` ! , _„.,, ,m ..0 .. Windows w/multiple light's Skirting Porch columns and railings -- Architectural r. I r det its---,,� High pitch roof *" ., ` :/- v yI a r ..... ----1 �fi= - �, 7,1 1",u � [ t �� y Covered porches ,r, r with columns and rails FIGURE 6-3 TYPICAL FEATURES OF RESIDENTIAL STRUCTURES IN THE DOWNTOWN HISTORIC DISTRICT <1 7 [ ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Cif --�of Wcui, ZONING ORDINANCE (8) In addition to the above all residential structures shall have at least two of the following desirable design features as appropriate: (a) Use of skirting along the base of the building, in a manner appropriate to the architectural design of the building; Skirting materials shall be durable, suitable for exterior exposure, and installed in accordance with the manufacturer's installation instructions. Skirting shall be secured as necessary to ensure stability, to minimize vibrations, or minimize susceptibility to wind damage; or (b) Use of foundation plantings to soften and conceal the foundation; or (c) Use of architectural detailing appropriate to the architectural style of the building. Architectural detailing includes but is not limited to elements such as carving in porch rails, turned stiles, use of ornamentation around windows, doors, eave lines, porches, and decorative windows and materials within gables. c. Building Proportions—Commercial Structures (1) Overall height of single story commercial buildings in the Downtown Historic District shall be between 18 and 26 feet. (2) The proportion of the height to width of the facade between pilasters shall be in the range of 2.5 to 1 to 3 to 1. The basic window units shall be between 2 to 2.5 times the remaining height to the top of the cornice. (3) The ground floor facade shall have at least 45 percent of its area in transparent windows, or doors. The second floor facade shall have at least 20 percent of its area in windows. The area of windows includes any mullions framing individual lights within the window frame. (4) The building height shall not exceed thirty-five (35') feet at the highest point of the cornice and up to forty (40') feet for architectural elements including but not limited to turrets,pinnacles and pediments. d. Building Proportions—Residential Structures (1) Residential structures within the Downtown Historic District may be a maximum of two stories in height, so long as the second floor is located under the roof over the first floor. Dormers and/or windows in the gable end of the roof shall be used to provide light and air. (2) Residential structures shall have a minimum roof pitch of 8:12. (3) The building height shall not exceed thirty-five (35') feet at the roof ridge and up to forty (40') feet for architectural elements including but not limited to turrets, pinnacles. e. Building Materials - Commercial Structures The base facade materials for commercial structures within the Downtown Historic District shall be brick or stone. Architectural details, trim, window or door framing may be wood, stone, cast stone, cast iron, or other materials compatible with the historic and architectural character of the Downtown Historic District. 1; 8 ZONING ORDINANCE cif y of WiLli, f. Building Materials—Residential Structures (1) The primary exterior material for residential structures within the Downtown Historic District shall be wood siding and/or composite masonry materials having a wood pattern. (2) The width of the siding shall be between four and five inches in width. (3) Renovation to •existing residential structures should use materials which are compatible with the existing residential structure. Adherence to these material standards are encouraged where appropriate and/or possible. (4) Vertical siding is prohibited. (5) All development is defined by the base, middle and roof elements with particular attention to the front façade as this is the section that defines the character of the streetscape for the DTH. See Figure 6-4. c �J s w� ..emu. FIGURE 6-4 EXPRESSION OF BASE,MIDDLE AND ROOF ELEMENTS g. Fencing—Commercial Structures Any fencing for commercial structures within the Downtown. Historic District shall be in the rear of the building not visible from the street. h. Fencing—Residential Structures (1) Fencing placed in the front of the residential structure shall be limited as follows: (a) Height not to exceed 3 feet; (b) At least 50 percent of the surface area of the fence shall be open and transparent; (c) Made from wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels; (d) Have the posts and rails facing the inside of the fence. 9 ''�� ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Cn v of,WY Lies ZONING ORDINANCE (2) All fences placed in front of the residential building shall be decorative in design. (3) Fences placed behind the residential building shall conform to fencing requirements for single family development elsewhere in the city. 6. Signs Purpose: All signs in this section are applicable to the Downtown Historic District only and are not appropriate to any other zoning district. The purpose of this section is not to regulate the content of any sign, but to regulate the area, material, and placement construction of new signs and alterations made to existing signs and to ensure consistency and to preserve the Downtown Historic District as a desirable area that is pleasing and visually attractive. a. General Provisions: (1) Pole sign means any sign erected on a vertical framework consisting of one and not more than two upright supported by the ground and where there is a physical separation between the base of the sign and the ground. (2) Signs shall be constructed of materials that are not subject to deterioration when exposed to the weather. Internally illuminated signs must be constructed of non- combustible material or approved plastics. (3) New signs should respect the size, scale and design of the historic building. (4) New signs should not obscure significant features of the historic building. (Signs above a storefront should fit within the historic signboard for example.) (5) No sign permitted under the regulations of this section shall be installed without first obtaining zoning clearance and a sign permit. b. Signs for Residential Structures (1) The sign area of any one face shall not exceed sixteen (16) square feet in area. The sign area of a pole sign shall not comprise more than seventy percent (70%) of the entire sign structure. (2) The maximum height of a pole sign structure shall be six (6) feet when no lighting is included. The maximum height of a pole sign structure shall be eight (8) feet when a globe type light is included. (3) Logos and symbols may be illuminated or backlit by fluorescent fixtures. The use of indirect lighting is also allowed. (4) The use of a fluorescent color on a sign is prohibited. (5) No more than one pole sign may be displayed on a premise at any given time. (6) The sign may be placed adjacent to the public right-of-way, provided it does not encroach on the sight visibility triangle and is a minimum of six feet from the outside face of curb. (7) Single acorn type luminaires, flutes, moldings or other traditional details are strongly preferred. See Figure 6-5. o , ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS 74/11" CITY Of Wq(1, ZONING ORDINANCE °-. / ADAMs var ficAuNa ;01444.,?,, AnOw$66, "1"-L,414•-, AR1II RIP m""1 .'46V Vu4,' " 1111 T444iiii4e4'PO"" St 40 FIGURE 6-5 TYPICAL POLE SIGN FEATURES FOR RESIDENTIAL c. Signs for Commercial Structures (1) The size of the sign shall be in proportion to the building and the neighboring structures and signs. (2) The total maximum allowable sign area for each building face all sign is one square foot per one linear foot I i1ac of a single tenant, („4-not to exceed 70 square feet, whichever is less. (3)-The total maximum allowable sign area for each building face is one square foot per one and one-half (1-1/2) linear foot of a multi-tenant building, not to exceed 64-100 square feet whichever is less. 63)(4)Signs shall be mounted or erected so they do not obscure the architectural features or openings of a building. )-4),(5)No sign or portion of a sign shall extend above the cornice line at the top of the building face. Roof top signs are prohibited. (-5-)(6)For buildings without a recognizable style, the sign shall adopt the decorative features of the building, utilizing the same materials and colors. 66)(7)The structural materials of the sign should match the historic materials of the building. Wood, metal, stucco, stone or brick, is allowed. Plastic, vinyl or similar materials are prohibited. Neon, resin to give the appearance of wood, and fabric may be used as appropriate. 67)(8)Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. d. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations: Cn v of,WYLI ZONING ORDINANCE (1) Window Signs must not obscure more than 20 percent of the window area per facade. (2) No illuminated Window Signs shall be allowed within two feet of the window surface, except for open/closed signs. e. Awning Signs (1) An Awning may extend the full length of the wall of the building to which it is attached and shall solely be supported by the exterior wall of the building. The awning sign shall be no more than six feet (6') in height and shall not be placed less than eight feet (8') above the sidewalk. (2) Artwork or copy on Awning Signs shall be limited to a business name and or logo. (3) The artwork or copy for an Awning Sign shall not exceed twenty percent (20%) of the area of the Awning and shall extend for no more than sixty percent (60%) of the length of the Awning. f. Projecting Signs (1) Signs shall be constructed of noncombustible material. (2) Signs shall not project more than three feet (3'), measured from the building face and shall not be closer than two feet (2') from the back of the curb line. (3) Bottom of the sign shall be at least 8 feet above the sidewalk. (4) Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. (5) Signs shall not exceed sixteen (16) square feet per sign face. g. Canopy Signs (1) A Canopy Sign is a permanent structure that is supported by the building or by a support extending to the ground directly under the canopy. The Canopy Sign may be attached to, or be an integral part of the face of a canopy. (2) A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. (3) The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy, or a maximum of twenty-five (25) square feet, whichever is greater. (4) An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. h. Special Events anner Signs 1. A Special Event Banner sign is composed of cloth, plastic, canvas or other light fabric. 2. Onl banners romotin or su ortin local communit events will be permitted over public right-of-ways. 1; lz yfi ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS CJFYOE Willi, ZONING ORDINANCE 3. An application to place a banner over a public right-of-way shall be submitted to the Building Inspections Department at least 10 days before the date to be installed. 4. The City of Wylie may erect and remove banners over public right-of-way. Banners may only be installed at locations approved by the City. 5. The maximum banner size allowed is 4 x 36 feet, unless extended over the public right-of-way. Banners must be in good repair at all times. 6. The banner may remain a maximum of fourteen (14) days. A maximum of two banners can be hung for each event with placement of the second banner provided as space allows. Only one banner will be hung at each location. 7. When a banner over the public right-of-way is removed, the applicant is responsible for picking up the banner from the Cit. of Wylie Service Center within ten (10) working days of the removal date. A late fee of $50 will be charged for banners left after the ten (10) day period. Unclaimed banners will be disposed of 30-days after removal date. 8. Banners not defined as Special Events Banners are regulated by the City's current Si n Ordinance and as amended. i. A-Frame/Sandwich Board Signs 1. No more than one a-frame or sandwich board sign per business shall be allowed, and a minimum of four feet of clear sidewalk shall be maintained at all times. The sign shall be sufficiently wei hted or anchored to prevent movement by wind or other elements. 2. No a-frame or sandwich board si n shall exceed ei ht s uare feet per face or four feet in height. The entire sign structure shall be calculated as the total of sign area. 3. Materials suggested for use for signs are finished hardwoods, or softwoods. Materials not allowed include, but are not limited to, fluorescent materials, paper or fluorescent paints. Exemptj. Incidental Si ns. Small incidental signs can be installed along a business frontage without permit approval from the City. Incidental signs are commonly seen as menu boards, open si ns small window si ns noting hours of operation, and small hanging signs. Incidental signs do not include other signs specifically listed within this ordinance. Although a permit is not required for these type signs, the following guidelines must be maintained. 1. No more than three (3) incidental signs per building entrance. 2. Maximum area allowed is 3 sq. ft. each, with a total cumulative area not to exceed 7 sq. ft.; 3. Incidental signs that project over or into a pedestrian right-of-way must be at least 7'-6" above the sidewalk., 4. Cannot project beyond the awning; ), 1 3 17, Cifv()i,leVcLif, ZONING ORDINANCE -r 5. Cannot extend above the awning; ik 04AA ,,,, ,,,,,,A,,AA: ,,,,, 431, •,/,,A4,01 ,, ,,t•,,,,',,,,-* it - A ,A ,00 00,40.00,0,0,,,,s,,,,,, • 14,,,• ,., 44.00040.000,4, 11.;1 $4,,1;40„00,411P4'1,Atit:',IA IAA,,,,,,,,,,,,,AAA•,A,"*A A 0,A,...N#1., ,,,,ik,„, ,At,,,,,,,,; ,:„„ ,;a04,11.1*•v , 21,,,, , ,," `-, ,,Y•'—,4.1,'""1 '01'4004,104000,004 ''44,,,it ''',; '' 004'4'41`A 1 A,(1;11.k.A4,„0;';11`10k1,14* lekkkg.00,40401; 1 ; kkkakkk.11,04k,„,1-1111,1°r"1 kr'r-r-r' ' 0117 4.Y,s,w1,4,{.to4h4ttoati, ,,, 46. 1111;0141k 1..,v , ,,,,,, 44#0,400,400, 4000040,m A, litikAt,4, ,A., , ', ,A A`A keish4fixatiggis 11.,,,' ., :, ' - ' --,,,',1 -,,r,',33,0 3,...,3 Figure 6-6 Exempt Incidental Signs Wylie City Council AGENDA REPORT Meeting Date: January 13, 2015 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 7, 2015 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing and Consider and act upon a Replat for Premier Industrial Park North, Lot 3A-1R for the development of a warehouse/distribution center generally located north of Hensley Lane and approximately 852 feet west of Sanden Boulevard(911 Hensley Lane). Recommendation Motion to approve a Replat for Premier Industrial Park North, Lot 3A-1R for the development of a warehouse/distribution center generally located north of Hensley Lane and approximately 852 feet west of Sanden Boulevard(911 Hensley Lane). Discussion OWNER: Wylie Economic Development Corporation ENGINEER: Engineering Concepts & Design, LP The vacant property totals 3.21 acres. The property is zoned Light Industrial (LI) District. The applicant is EXCO Extruders and property is owned by WEDC. The applicant plans to construct a 30,000 square foot two story office/warehouse distribution facility along with light manufacturing functions. The purpose for the replat is to dedicate necessary fire lane and utility easement to accommodate the development of the property. A Site Plan, Elevations and Landscape Plan were approved by the Planning and Zoning Commission on January 6, 2015. The Replat complies with all applicable technical requirements of the City of Wylie and is recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Planning & Zoning Commission Discussion The Planning and Zoning Commission voted 6-0 to recommend approval. (Rev 01/2014) Page 1 of I 37.247 AC. (TRACT A) WYLIE I.S.O.CC DOC. 92-0092602 OWNER'S CERTIFICATE AND DEDICATION SURVEYOR'S CERTIFICATE D.R.C.C.T. STATE OF TEXAS § COUNTY OF COLLIN § - - - - KNOW ALL MEN BY THESE PRESENTS: 0s51 AC. (TRACT D) WHEREAS, WYLIE ECONOMIC DEVELOPMENT CORPORTION BEING THE OWNER of a 3.229 acre tract of land situated in the WYLIE I.S.D. THAT, I CHRIS E. GRIFFITH, hereby certify that this plat was prepared under my supervision from CC DOC. 92-0092602 Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas and being all of Lot 3A-1, Block A of Premier ABANDONED ROAD /APPROXIMATE LOCATION Industrial Park North, Lots 3A-1 and 3A-2, an addition to the Cityof Wylie, 9 as recorded in Cabinet 2014, Page 611, Plat an actual and accurate survey of the land and that the corner monuments shown thereon were CL ._ DR.C.C.D.R.C.C.T. / Records Collin County, Texas, said 3.229 acre tract being more particularly described by metes and bounds as follows: properly my personalsupervision placed under in accordance with the Subdivision Ordinance of HENSEY ROAD R.O.W. (CR 297) - - the City of Wylie. (NO RECORD FOUND) , 5/8" I.R.F. BEGINNING at an "x" cut found for the southeast corner of said Lot 3A-1 and the southwest corner of Lot 3A-2, Block A, S 88°38'1$' E 259.79' W/SPARR CAP of said Premier Industrial Park North, Lots 3A-1 and 3A-2 addition, said corner being in the north right-of-way of 1/2" I.R.F. O Hensley Road, a 60 ft. width right-of-way; GIVEN UNDER MY SEAL OF OFFICE THIS ___ DAY OF , 2015. .....A.... S 01 .21 '38" W THENCE North 88 degrees 39 minute 46 seconds West, with the common boundary line of said Lot 3A-1 and said Hensley v re;OF Tf 39 99, Road, a distance of 264.62 feet to a 1/2-inch iron rod found for the southwest corner of said Lot 3A-1 and the 1PP o`*ERa go", _ southeast corner of Lot 2A, Block A of Premier Industrial Park North, an addition to the City of Wylie, as recorded in PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. ;,, - Cabinet K, Page 637 of said Plat Records; CHRIS E. GRIFFITH m I 25' B.L. S H8°41 '33" E �j THENCE North 01 degrees 24 minute 35 seconds East, with the common boundaryline of said Lot 2A and said Lot 3A-1, CHRIS E. GRIFFITH $ 4846 f // 4.34' a distance of 532.69 feet to a 1/2-inch iron rod found for the northwest corner of said Lot 3A-1 and the northeast STATE OF co REGISTEREDTEX OF S PROFESSIONAL LAND SURVEYOR `.4,0°FFss ,°,w._y'( • • corner of said Lot 2A, said corner being in the apparent south right-of-way line of County Road 297, unpaved (no record + SUR r 5/8" I.R.F. �- ��✓�. 5/8" I.R.F. /W/SPARR CAA - found); STATE OF TEXAS § W/SPARR CAP / / THENCE South 88 degrees 38 minute 18 seconds East, with the north boundary line of said Lot 3A-1 and the apparent COUNTY OF COLLIN § L4 / south right-of-way line of County Road 297, a distance of 259.79 feet to a 1/2-inch iron rod with cap stamped "SPARR" " I found for the northwest corner of said Lot 3A-2 and the northeast corner of said Lot 3A-1; Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this N I to-a- N day personally appeared Chris E. Griffith, Registered Professional Land Surveyor, known to me to h THENCE Southerly, with the common boundary lines of said Lot 3A-1 and said Lot 3A-2, the following courses: be the person whose name is subscribed to the foregoing instrument and acknowledged to me N If that he executed the same for the purpose and considerations therein expressed. Vo. South 01 degrees 21 minute 38 seconds West, a distance of 39.99 feet to a 1/2-inch iron rod with cap stamped \� N 88'38'36" W 243.11' "SPARR" found for corner; Given under my hand and seal of office, this ___ Day of , 2015. \S \ 15' UTILITY EASEMENT I o South 88 degrees 41 minute 33 seconds East, a distance of 4.34 feet to a 1/2-inch iron rod with cap stamped o "SPARR" found for corner; N 88'38'36" W 249.33' n South 01 degrees 21 minute 24 seconds West, a distance of 492.59 feet to the POINT OF BEGINNING AND CONTAINING 140,640 square feet or 3.229 acres of land. Notary Public in and for the State of Texas 24' FIRE LANE EASEMENT My Commission Expires On: 02/14/2015 /' \ NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: V6 N 88'38'36" W 139.00' �` CS \ ( ( THAT, WYLIE ECONOMIC DEVELOPMENT CORPORATION, does hereby adopt this plat designating the herein above described property as PREMIER INDUSTRIAL PARK NORTH, LOT 3A-1, BLOCK A, an addition to the City of Wylie, Texas, and does \ ` I hereby dedicate, in fee simple, to the public use forever, the streets, rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The easements and public use areas, as shown, i' I are dedicated, for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In I ai addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use I I bI or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate APPROVAL BLOCK I LOT 3A-2, BLOCK A to the public's and City of Wylie's use thereof. I Cis- PREMIER INDUSTRIAL PARK NORTH LOT 2A, BLOCK A I i• 25' CAB. 2014, SL. 611 "RECOMMENDED FOR APPROVAL" P.R.C.C.T. The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings, PREMIER INDUSTRIAL PARK NORTH fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, CAB. R. .C. 637 w maintenance, or efficiencyof their respective systems in said easements. The Cityof Wylie andpublic utilityentities shall P.R.C.C.T.SL. . °' I LOT 3A-1, BLOCK A �� P Ys YI w PREMIER INDUSTRIAL PARK NORTH z I I w I at all times have the full right of ingress and egress to or from their respective easements for the purpose of w CAB. 2014, .T. 611 constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of Chairman, Planning & Zoning Commission Date a I P.R.C.C.T. I Co ( ( their respective systems without the necessity at any time procuring permission from anyone. City of Wylie, Texas I lee' w 1 z I This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. N ( /j 24' FIRE LANE EASEMENT "APPROVED FOR CONSTRUCTION" CO CAB. 2014, SL. 611 FOR: WYLIE ECONOMIC DEVELOPMENT CORPORATION w If/ 1 j P.R.C.C.T. NO i Sal I 1 n` Mayor, City of Wylie, Texas Date I I I r' v/ 'I BY: LU W I I I LOT 3A-1 I s/ I /� to U 140,640 SQ. FT. STATE OF TEXAS § 1 / - "ACCEPTED" " ( 3.229 ACRES 4 I N d- COUNTY OF COLLIN § to m at I - n LINE TABLE nj m o I LINE DIRECTION DISTANCE Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mayor, Cityof Wylie, Texas Date r. IP w Im I L1 N 01'21'24" E 16.76' , known to me to be the person whose name is subscribed to the foregoing instrument and Y N O I Iw DUKE STRICKLAND SURVEY w - L2 N 01'20'15" E 3.11' acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Iw I L3 N 43'37'01" W 8.63' Z I IN A-841 I I N L4 N 88'35'27" W 15.00' Given under my hand and seal of office, this day of , 2015. The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the 1N ; Pk/ L5 N 43'37'01" W 21.06' foregoing Final Plat of PREMIER INDUSTRIAL PARK NORTH, LOT 3A-1, BLOCK A, an (N L6 N 01'24'56" E 28.54' addition to the City of Wylie was submitted to the City Council on the _ _ day of (-L14 z la - ( p L7 S 61'21'24" W 18.91' 2015, and the Council, by formal action, then and there accepted i z L8 S 61'21'24" W 18.91' the dedication of the streets, alleys, parks, easements, public places, and water and sewer 61 V) L9 N 29'18'58" E 11.76' Notary Public in and for the State of Texas lines as shown and set forth in and upon said plat and said Council further authorized the II I I I a L10 N 60'41'02" W 15.00' My Commission Expires On: Mayor to note the acceptance thereof by signing his name as herein subscribed. Sm L11 S 2918'58" W 11.76' ICJ I ( 1" I L12 N 01'24'56" E 28.54' Witness my hand this day of A.D., 2015. ( I 1 I z I L13 N 01'24'49" E 14.87' L14 N 88'48'56" W 5.00' 1 \\� ( ^ City Secretary � I )rn M City of Wylie, Texas gi III tI 1 I 3 I I ,a fI I I I 4M e 43 rho 16 ( 1 m 1 �- w NOTICE: Selling a portion of this IJ ) I"' C1 `a 344 addition by metes and bounds is a II tI ill CURVE TABLE violation of City Ordinance and 41 1 I I I CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING CHORD Y State Law, and is subject to fines and withholdingof utilities and C, 28'33'20" 28.00' 7.13' 13.95' N 15'38'04" E 13.81' m building permits. F ` I I I o C2 31'26'14' 81.00' 22.80' 44.44' S 17'04'31" W 43.89' w I `\ 1 I CO d C3 31'26'14'7 28.00' 7.88' 15.36' N 17'04'317' E 15.17' 9 C4 29'06'35" 28.00' 7.27' 14.23' S 16'47'09" E 14.07' \� 3 ? C5 90'00'00" 24.00' 24.00' 37.70' N 43'38'36" W 33.94' \ rn C6 90'00'00" 24.00' 24.00' 37.70' S 46'21'24" W 33.94' SITE e f I \ ` I N I / \ C7 43'11 13" 28.00' 11.08' 21.11' S 20'14'12" E 20.61' �CR 297 „11� \ �\ v N /�, ►-� CS 42'00'49" 79.00' 30.34' 57.93' N 19'40'09" W 56.64' f I I Zu5 FINAL PLAT -� rt C9 27'50'31" 28.00' 6.94' 13.61' S 12'35'00" E 13.47' l \ \ 1 HENSLEY LN A C10 26'25'34" 28.00' 6.57' 12.9Y N 14'33b2" E 12.80' F` `\°, \\ Cn 20'06'25" 57.50' 0.19 20.18 N 08'38'16' W zo.Ga PREMIER INDUSTRIAL PARK NORTH \ \� \ `�O7B UN/ Y I C12 90'04'40" 82.50• 82.61• 129.70' S 43'37'25" E 116.75' LOT 3A- 1, BLOCK A N\ O� / C13 27'57'33" 57.50' 14.31' 28.06' S 15'20'11" W 27.78' 11111I N 88'39'45" W 147.11' \ \ Lis C14 27'57'33" 72.50' 18.05' 35.38' S 1520'11" W 35.03' \ \ 15' DRAINAGE EASEMENT 30 15 0 30 60 C15 90'04'40" 67.50' 67.59' 106.12' S 43'37'25" E 95.52' BEING A REPEAT OF \ ' o isi C16 35'32'20" 72.50' 23.23' 44.97' N 16'21'14" W 44.25' VICINITY MAP 11 LOTS 3A-1, BLOCK A '- -�- N 88'39'45" W 178.48 I j- -L I SCALE IN FEET N.T.S. PREMIER INDUSTRIAL PARK NORTH 1j1" = 30' I CAB. 2014, PG. 611, P. R.C.C.T. ci O T 6 i/Y' I.R.F. iD n AND BEING 29.22' \ > "X" D C 3.229 ACRES --0 / 30.17' 136.82' / 31.79' \_ 36.62' ! CUT OWNER N 88°39 46 W 264.62' • - - - - WYLIE ECONOMIC SITUATED IN THE POINT OF LEGEND DEVELOPMENT CORPORATION 250 S HIGHWAY 78 HENSLEY LANE BEGINNING I.R.F. IRON ROD FOUND WYLIE, TX 75098 DUKE STRICKLAND SURVEY, ABSTRACT NO. 841 60' R.O.w. Notes: CITY OF WYLIE, COLLIN COUNTY, TEXAS D.R.C.C.T. DEED RECORDS COLLIN COUNTY TEXAS 1. Bearings are based on Texas State Plane LAND SURVEYOR ENGINEERING CONCEPTS & DESIGN L.P. Coordinates. Projection: State Plane NAD83 GRIFFITH SURVEYING CO., LLC P.R.C.C.T. PLAT RECORDS COLLIN COUNTY Texas North Central Zone 4202, Lambert ENGINEERING/PROJECT MANAGEMENT/CONSTRUCTION SERVICES - - - TEXAS Conformal Conic, Feet (TX83-NCF). 605 AVENUE B, SUITE 115 TEXAS FIRES REG. NO. 001145 LOT 1, BLOCK B _ _ _ _ _ _ LONGVIEW, TX 75773 201 WINDCO CIRCLE. SUITE 200. WYLIE TEXAS 75098 - - PREMIER INDUSTRIAL PARK SOUTH - - - R.O.W. RIGHT-OF-WAY 2. The purpose of this replat is to create (903) 295-1560 (972) 941-6400 FAX (972) 941-6401 1st REVISION CAB. L, SL. 274 easements. FAX (903) 295-1570 P.R.C.C.T. DATE: DECEMBER 9, 2014 SHEET 1 OF 1 Z:\PROJECTS\03753\dwg\3753 Replat.dwg Wylie City Council CITY OF YLI AGENDA REPORT Meeting Date: January 13, 2015. Item Number: 4 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Budgeted in individual Date Prepared: January 5, 2015 Budgeted Amount: departments Resolution & Cost Exhibits: Summary/examples Subject Consider, and act upon, Resolution No. 2015-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie. Recommendation Motion to approve, Resolution No. 2015-01(R) establishing the as the "Official Newspaper" of the City of Wylie. Discussion Texas Local Government Code, §52.004 states that at the beginning of each fiscal year, municipalities must designate an official newspaper. This must be done as soon as practicable. The municipality shall contract with the newspaper designated by ordinance or resolution. There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. (a)Designating Official Newspaper. The publication must be a newspaper as defined by § 2051.044, Government Code. The section defines the term newspaper as: § 2051.044, (a) (1) any newspaper devoting not less than 25% of its total column lineage to the carrying of items of general interest (2) published not less frequently than once each week, (3) entered as second class postal matter in the county where published; and (4) have been published regularly and continuously not less than twelve (12) months prior to the making of any publication... Page 1 of 2 Page 2 of 2 2051.044, (b) Publication of Notice in Newspaper. Where a law which requires or authorizes the publication of a notice in a newspaper by a municipality, and does not specify the manner of the publication, including the number of times that the notice is required to be published and the period during which the notice is required to be published, the above requirements pertain; additionally a municipality shall publish notices in a newspaper that is published in the municipality, and which meets the above requirements and will publish the notice at or below the legal rate. Sec. 2051.045. LEGAL RATE CHARGED FOR PUBLICATION. The legal rate for publication of a notice in a newspaper is the newspaper's lowest published rate for classified advertising. If no newspaper published in the municipality meets these requirements, then the municipality shall publish the notice in a newspaper that is published in the county in which the municipality is located and will charge the legal rate or a lower rate. GC §2051.048. The Texas Attorney General has ruled that a newspaper of general circulation is a newspaper that has more than a de minimis number of subscribers among a particular geographic region, that has a diverse subscribership, and that publishes some items of general interest to the community. See also Tex. Gov't Code Ann. § 2051.044(a) (Vernon 2000) (defining "newspaper"). Publication rates for the Wylie News have gone up from last year; the Dallas Morning News (Collin, Dallas Rockwall readers in zip code 75098) in the NeighborsGo- Murphy/Sachse/Wylie Edition reaching readers in zip code 75098 in all three counties. (attached map) is honoring the pricing from last year. Some legal notices such as the Notice of Election must be published in a paper published within the City, if one exists, and would be required to be published in the Wylie News. The bulk of the City advertising is in classified ads (ordinance captions, zoning notices, other classified ads). These notices require the notice be published in a paper of general circulation which criteria both papers meet. Attached is a sample of the publication of an ordinance caption and associated costs by both papers using the new rates. The City of Wylie Home Rule Charter additionally states in Article X1, Section 2; The City Council shall declare an official newspaper of general circulation in the city. All captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper. The Wylie News and the Dallas Morning News, NeighborsGo both meet the criteria for official publication as provided by the statute. RESOLUTION NO. 2015-01(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE. WHEREAS,Section 52.004,Local Government Code,requires the City Council of the City of Wylie,Texas("City Council")to determine,by ordinance or resolution,a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council finds that the is a public newspaper of general circulation and: (1) devotes not less than 25%of its total column lineage to general interest items; (2) is published at least once a week; (3) is entered as 2nd class postal matter in the county where published; (4) has been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice; and WHEREAS,the City Council finds that the is a publication that meets all of the criteria legally required of an officially designated newspaper for the City of Wylie; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: (1) The is designated as the official newspaper for the City of Wylie for Fiscal. Year 2015, commencing January 1, 2015.. (2) This Resolution is effective immediately upon passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this 13th day of January 2015.. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution 2015-01(R)Establishing Official Newspaper 2015 Page 1 of 1 PU LICATI N C ST SU A Y Dallas Morning News Wylie News January 2015 ALLAS O ING NEWS (COLLIN COUNTY AND ETRO EAST SECTION) Legal Notices (Ordinance Captions, Public Hearings P& Z) Full Dallas Morning News Open $14.00 per line/$35 liner-$45 display online Full Dallas Morning News ($3,000/yr) $5.50 per line/$35 liner-$45 display online Classified Rates (Election Notices) Full DMN only $14.00 per line/$35 liner-$45 display online With Contract($3,000/yr.) $5.50 per line/$35 liner-$45 display online Display Rates (Budget/Tax Notices) Open $2,500.00* (1/4 page-Mon, Tues, Wed) $3,000.00* (1/4 page-Sunday) *These rates will be changing but I will honor the rate for the 2015 budget/tax year NeighborsGo—Plano/Murphy/Wylie Edition Legal Notices (Ordinance Captions, Public Hearings P& Z) NeighborsGo Classified $1.10 per line/$35 liner-$45 display online NeighborsGo Classified Rates (Election Notices) $1.10 per line or $15.40 per inch /$35 liner-$45 display online Display Rates (Budget/Tax Notices) Open S745 per edition (1/2 page-Friday only) THE YLIE NEWS (EFFECTIVE JAN. 1,2015) Legal Notices (Ordinance Captions, Public Hearings P& Z) Open (no contracts available) S2.56 per line (display online included) Classified Rates (Election Notices) $14.39 per column inch (display online, based on 8 columns per page, included in price) Display Rates (Budget/Tax Notices) $14.49 per column inch (includes digital e- editions) CIRCULATION WITHIN THE CITY Dallas Morning News (for zip code 75098) 2, 782 (Mon/Sat paper) 4,258 (Avg. Circulation Sunday) The Wylie News (Wylie) 6,709 (The Wylie News) Includes circulation in Collin, Dallas and Rockwall counties The Wylie News -Notices are published in the 10,758 (total circ., Wylie/Sachse/Murphy) Murphy/Sachse/Wylie editions Public notices are also included in Wylie News Online which had in excess of 140,995 unique visitors per month based on its latest statistics. PU LICATI N C ST SU A Y Dallas Morning News Wylie News January 2014 ALLAS O ING NEWS AND NEIGHBORS O Legal Notices (Ordinance Captions, Public Hearings P& Z) Full Dallas Morning News Open $14.00 per line/$35 liner-$45 display online Full Dallas Morning News ($3,000/yr) $5.50 per line/$35 liner-$45 display online Classified Rates (Election Notices) Full DMN only $14.00 per line/$35 liner-$45 display online With Contract($3,000/yr.) $5.50 per line/$35 liner-$45 display online Display Rates (Budget/Tax Notices) Open $2,500.00* (1/4 page-Mon, Tues, Wed) $3,000.00* (1/4 page-Sunday) *These rates will be changing but I will honor the rate for the 2015 budget/tax year NeighborsGo—Plano/Murphy/Wylie Edition Legal Notices (Ordinance Captions, Public Hearings P& Z) NeighborsGo Classified $1.10 per line/$35 liner-$45 display online NeighborsGo Classified Rates (Election Notices) $1.10 per line or $15.40 per inch /$35 liner-$45 display online Display Rates (Budget/Tax Notices) Open S745 per edition (1/2 page-Friday only) THE WYLIE NEWS (EFFECTIVE JAN. 1,2014) Legal Notices (Ordinance Captions, Public Hearings P& Z) Open (no contracts available) S2.46 per line (display online included) Classified Rates (Election Notices) $14.00 per column inch (display online, based on 8 columns per page, included in price) Display Rates (Budget/Tax Notices) $14.23 per column inch (online not available) CIRCULATION WITHIN THE CITY Dallas Morning News (for zip code 75098) 2, 782 (Mon/Sat paper) 4,258 (Avg. Circulation. Sunday) The Wylie News (Wylie) 6,634 (The Wylie News) Includes circulation in Collin, Dallas and Rockwall counties The Wylie News -Notices are published in the 10,656 (total circ., Wylie/Sachse/Murphy) Murphy/Sachse/Wylie editions Public notices are also included in Wylie News Online which had in excess of 123,000 unique visitors per month based on its latest statistics. Or ina ce u lication Cost Co arison 2 15 ORDINANCE NO. 2014-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 22-446 (GENERAL SIGN REGULATIONS) OF ARTICLE XX (SIGN REGULATIONS) OF CHAPTER 22 (BUILDINGS AND BUILDING REGULATIONS) AND ARTICLE IX (PROHIBITIONS OF ILLEGAL SMOKING MATERIAL) OF CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS) AND ADOPTING A NEW ARTICLE X (ELECTIONEERING AT POLLING LOCATIONS) OF CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ALL OF PART II OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. LI N SC S - $13 .24 ei ors o C S - $6 .